One could easily point out that the Boy Scouts will support discrimination so long as it isn't directed to them. The Scouts have the right to deny membership to anyone they want for any reason they choose. But then other people have the right to refuse to support the scouts for any reason that they choose to do so. Unless it can be shown that Berkley is holding the scouts to a different standard as any other non-profit agency then there is little the scouts can do to complain.
That's already been shown.
Just by the way, I note that Berkeley council gives away $145,000 in grants annually for the 'arts.' What do you think is of more value, to the community? Scouts, or some crappy modern 'art'?