HONOLULU -- It appears the Hawaiian Homelands program will win the case challenging its constitutionality. A group of people of various racial backgrounds is challenging both Hawaiian Homesteads and the Office of Hawaiian Affairs.

In a preliminary statement Monday, Judge Susan Mollway said she'd likely dismiss the case against the homelands program because it came from Congress. However, she said she would let the case go on against OHA, which is not federal and gets more state money.

"This still does not take the Hawaiian community or Native Hawaiians out of harms way," OHA Chairwoman Haunani Apoliona said.

Pat Carroll and Earl Arakaki are among six taxpayers who said the homelands program and the Office of Hawaiian Affairs are unconstitutionally race-based.

"We have our position and we feel very strongly about it. As well, I just hope that they respect us as much as we respect them," Carroll said.

The lawyer challenging the programs said the case has been severely restricted.

"It's not the case we filed and not the case we want to proceed with," the attorney suing over the Hawaiian-only programs, William Burgess, said.

The judge said she will make her final decision in about two weeks.