Doubtful. The BSA is a private club. They can do whatever they want and can choose members to their liking. If society frowns on exclusion of people, then it's up to the BSA to explain why their policy should stand. The BSA is not alone in excluding certain elements of society from membership. Other social clubs, country clubs, or organizations also exclude certain people from being members. It's all legal, but, as society deems inclusion, fairness, and equality to be important, organizations like the BSA run the risk of being pariahs if they continue to be exclusionary.