Last time I checked, James Dale is still an Eagle Scout. Once you have earned the rank, you've got to do something pretty infamous for the BSA to revoke it.
without discriminating on the basis of sexual orientation or religious belief;
I may be nit picking here, but: it seems to me Atheisim is not a 'Religious belief," but rather the opposite, a lack of Religious belief. The Boy Scouts do not require one to be a Christian, but rather to be a believer in God. Hence it is open to all form of religious beliefs.