The Foundation, with three of its North Dakota members, filed a federal lawsuit in North Dakota on June 19, 2007, challenging state and county subsidy of avowedly Christian juvenile detention facilities. The ranch, run by the Lutheran Church/Missouri Synod, and the Evangelical Lutheran Church in America, “attempts to modify behavior by directing children to find faith in the Lord Jesus Christ,” the Foundation legal complaint alleges. The facilities incorporate biblical teachings, subscribe to the three Ecumenical Creeds and the Lutheran Confessions, and schedule weekly Spiritual Life Groups activities, church attendance or other spiritual activities on Sundays, individual spiritual discussions, prayers at meals, baptism, confirmation studies, devotions, bible studies and related discussion groups. Post-release mentoring services also incorporate religion and are publicly funded with taxpayer appropriations. The ranches, run by two Lutheran denominations, have monopolized juvenile detention services in the state for many decades.
Case No. 2007 CV 00043
U.S. Dist. Judge Daniel L. Hovland on July 17, 2008, granted the motion to dismiss the federal lawsuit, saying the Legislature does not explicitly mandate that state officials allocate specific funds for the ranches, so the alleged violation amounts to a discretionary action by the executive branch and may not be challenged by taxpayers.