According to the terms of the current MOU, the BSA stipulates that "there is no Boy Scout authority which supersedes the authority of the local pastor and the congregation in any phase of the program affecting the spiritual welfare of those who participate." The only stipulation that the LCMS makes is that "membership in Scouting may not be denied to a child on the basis of sexual attraction alone."

If a LCMS congregation were to deny scouting participation to any child (or adult) on the basis of homosexual attraction (i.e., homosexual concupiscence) alone, the LCMS congregation would be violating its own doctrine of original sin (AP,II,35-38). As St. Augustine teaches "Sin is remitted in Baptism, not in such a manner that it no longer exists, but so that it is not imputed."

Although a baptized child or adult can never be excluded on the basis of homosexual attraction alone, a baptized child or adult may be excluded because public knowledge of concupiscence adversely affects "the spiritual welfare of those who participate." To broaden the application of the MOU, LCMS should revise its stipulation from "membership in Scouting may not be denied to a child on the basis of sexual attraction alone" to "participation in Scouting may not be denied to a child or adult on the basis of sexual attraction alone."

Christians with a poor understanding of Civil Affairs (AC,XVI) have falsely claimed that the LCMS is in syncretistic fellowship with an organization that teaches false doctrine and sexual immorality. To eliminate this misinformed criticism, LCMS and BSA should add the following Whereas clause to their MOU: "Whereas the LCMS believes the BSA teaches idolatry, false religious doctrines, and sexual immorality. . .".