Atheist Twins Can Rejoin Cub Scouts

from the Los Angeles Times, 8 May 92

An Orange County Superior Court ruled Thursday that twin brothers who
do not believe in God should be allowed to join the Cub Scouts...  For
the Boy Scouts of America, it was the first major legal challenge to
its membership policy it has lost.  Last March, a federal court judge
in Chicago ruled that an 8-year old atheist could be excluded from
Scouting.  And in another California case in May, 1991, a homosexual
was precluded by a state court from becoming a Scoutmaster, even though
the court also ruled that the organization fell under the Unruh Civil
Rights Act...  For both sides, the case hinged on whether Scouting is
defined as a private organization, wit the discretion to pick and
choose its members, or classified as a business establishment bonded by
the state Unruh Civil Rights act, which says no business can
discriminate on the basis of "sex, race, color, religion."

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Once clause of the (California) Unruh civil rights act says something
to the effect of "it is illegal to discriminate for any arbitrary
reason."  This clause is generally interpreted as prohibiting
discrimination on the basis of sexual orientation.  I believe that 
the LA Times article is incorrect about the gay scoutmaster case.
My recollection was that the court ruled that the BSA was not a 
business, and thus NOT subject to the Unruh civil rights act.  Does
anyone else recall the details?

The BSA is now set up for two higher court showdowns in California:
They plan to appeal the Atheist case to a higher court, and Tim Curran
(the gay scoutmaster) plans to appeal his case to a higher court.
Will the state supreme court eventually rule that BSA is subject to the
Unruh Civil Rights Act?