The Boy Scouts is a PRIVATE organization. They can set their own standards. The US Supreme Court decided about 2 years ago that they can exclude gays. I don't see them excluding atheists as being inconsistent with the US Supreme Court ruling.
Maybe the atheist kid can start his own Scouts... Atheist Scouts of America or something like that.
Normally, for the Constitution to apply, the organization doing the action must be a GOVERNMENT entity.
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