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I suggest an counter-suit for harassment, tell the buggers,where to GO :)

The Federal Civil False Claims Act, under which the ACLU is suing, specifically allows the defendant (Boy Scouts) to recover certain damages if the suit was "clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment."

I read the brief (thanks to RonF for kindly posting the link). It looks like the Boy Scouts are out of luck on this one. In return for receiving funds under a federal block grant, the Boy Scouts signed an agreement promising not to discriminate under federal (religion) or state (religion and sexual orientation) laws. The Boy Scouts has a religious requirement and disallows homosexual members and adult leaders. As much as the Boy Scouts would like to win this one, they should cut their losses, return the $15,000 and thereby minimize the additional damages they will have to pay to the ACLU under the Federal Civil False Claims Act, which awards a percentage of the award and attorney fees to persons successfully suing to recover on behalf of the government.

Congress should look into the authority that it gives local governments in administering federal block grants. With Republicans in control of Congress, it may be possible to modify the law so that recipients are allowed to discriminate on the basis of religion and sexual orientation.