A group suing over what it claims are unconstitutional foster care referrals in North Dakota says two county social service directors should not be removed from the list of defendants that includes three state government officials.

Richard Bolton, attorney for the Wisconsin-based Freedom From Religion Foundation, says in federal court documents filed this week that Ward and Pierce counties are involved in foster care referrals to the Dakota Boys and Girls Ranch, which has ties to two Lutheran church denominations and receives public money.

"The fact that the county is not the original appropriating party as to these funds, but rather, the recipient of state taxpayer appropriations, does not render the county an inappropriate defendant," Bolton said.

Minot attorney Bryan Van Grinsven, who is representing Ward County Social Services Director Daniel Richter and Pierce County Social Services Director Mary Hermanson, has not yet filed his response to Bolton's argument. He did not respond to requests for comment Friday.

Van Grinsven late last year asked U.S. District Judge Daniel Hovland to dismiss the case, in part because he said the lawsuit filed last summer is aimed at state and not county programs.

The Freedom From Religion Foundation - the nation's largest group of atheists and agnostics - says in its lawsuit that children referred to the Dakota Boys Ranch are indoctrinated with religion. It wants Hovland to declare a violation of the constitutional separation of church and state, and to order the government to stop sending children or money to the ranch if religion remains a part of the services offered.

Ranch and state officials have said the organization, which also receives private money, does not use taxpayer money for religion programs.

Assistant Attorney General Douglas Bahr, who is representing three state officials named as defendants, also has asked Hovland to throw out the case. Bahr's argument, which Van Grinsven echoed in his motion, is that the foundation can challenge only specific legislative appropriations on constitutional grounds, and not government officials' use of money.

Bolton, in his response this week, said under that argument even public school administrators could use taxpayer money to promote religion.

Bahr argues that the foundation's lawsuit is directed not at state law but at department officials' "discretionary spending" of money as a part of their duties. He says the foundation does not have grounds to sue under those circumstances.

The state officials named as defendants are Lisa Bjergaard, director of juvenile services for the state Corrections Department; state School Superintendent Wayne Sanstead; and state Human Services Director Carol Olson.