The nation's largest group of atheists and agnostics does not have legal grounds to sue over foster care referrals to the Dakota Boys and Girls Ranch, a state government lawyer says.

Assistant Attorney General Douglas Bahr has asked a federal judge to dismiss the lawsuit brought by the Wisconsin-based Freedom From Religion Foundation and some North Dakota taxpayers who believe public money is being used to indoctrinate young people with religion.

Richard Bolton, an attorney for the plaintiffs, had not yet filed a response to Bahr's motion on Thursday. He was out of the office Thursday and unavailable for immediate comment.

Foundation spokesman Dan Barker said asking for a dismissal of the lawsuit based on legal standing is not really addressing the issue.

The foundation lawsuit, filed in June, says referrals to the Dakota Boys and Girls Ranch, which serves troubled children, are funded by taxpayer money and that staff at the ranch facilities in Minot, Fargo and Bismarck indoctrinate children with religion.

Officials of the state and the Boys and Girls Ranch, which is affiliated with the Lutheran Church Missouri Synod and the Evangelical Lutheran Church in America, dispute the foundation's claims.

Bahr, in his motion, said the foundation can challenge only specific legislative appropriations and not government officials' use of money on constitutional grounds.

The foundation is suing Lisa Bjergaard, director of juvenile services for the state Corrections Department; state School Superintendent Wayne Sanstead; state Human Services Director Carol Olson; Daniel Richter, director of Ward County Social Services; and Pierce County Social Services Director Mary Hermanson.

The lawsuit asks a judge 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.

Olson and Gene Kaseman, president of the ranch, have said that taxpayer money received by the ranch is not used for religious programs.

The foundation says that even if the Boys and Girls Ranch can keep public and private money separate, public money frees up more private money for religious purposes.