I think it is more like a loophole, properly applied, to say "We didn't boot you out of the B.S.A. because of your sexual orientation or preference, but because you were a pervert who disrupted the harmony of our group."
Give the B.S.A. credit for having to walk a tightrope here. Without some such statement, they could be facing a slow death by 1000 lawsuits by the emboldened gay mafia. With it, a "gay" scout is going to have to behave. How likely do you think that is to happen?
It was never about gay boys into scouting anyway. It has always been about giving gay adults access to boys. This is going to frustrate the gay mafia to no end.
On the other hand, the gay mafia might see such a statement as a sign of weakness and be emboldened to push for further concessions. The BSA should Recall what Richard Pipes said about the Bolsheviks--when they are probing and strike iron, they stop; when they strike butter, they keep pushing.