Since when does a private club have a Federal Charter? The BSA has such a charter and is recognized as a National Organization as codified in law at 36USC309. This organization’s purpose is designed to promote, through organization, and cooperation with other agencies, the ability of boys to do things for themselves and others, to train them in scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues. Thusly, this federally charted organization has been given exclusive rights to emblems, badges, descriptive or designating marks, and words or phrases the corporation adopts without requirement of copyright or trademark. Furthermore other Federal agencies can and are encouraged to gift or sell obsolete or surplus equipment to them that are not available to other clubs (Girl Scouts receive the same privilege). Additionally the organization is required not later than April 1 of each year, to submit a report to Congress on the activities of the corporation during the prior calendar year. Is there another private group required to do anything similar? I think not.
Now as to the argument that gay boys cannot be scouts based on their requirement to be morally straight, if one thinks about this for just a moment you will see that it is biased at best and hypocritical to boot as those that have had heterosexual relationships out of wedlock should also be viewed as something other than morally straight. The policy should be that any scout engaging in sexual activity, whether with man, woman, or beast, fails the morally straight requirement.