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"Congress shall make no law regarding an establishment of religion, OR PROHIBITING THE FREE EXERCISE THEREOF..."
The ACLU and others find that second phrase inconvenient, so they regularly omit it in their definition of Separation of Church and State. Much like the anti gun folks ignore the line, "...the right of the people to keep and bear arms shall not be infringed," in the 2nd Amendment. Passing laws banning the BSA based on their religious standing violates the Constitution.
People commonly lose sight of the fact that this portion of the 1st Amendment was written to prohibit the establishment of an "Official" religion of the U.S.A., as was the case with the Anglican Church in Britian at the time our foreafthers left. It was never intended to become the anti-religion (or more correctly anti-Christian) billy-club that it has become.
I would love to see the ACLU have to defend the BSA, or someone who was fired/censured for saying Merry Christmas based on a violation of their 1st Amendment rights.
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