HONOLULU -- A ruling by the U.S. 9th Circuit Court of Appeals Wednesday kept alive a constitutional challenge to state spending on the Office of Hawaiian Affairs.

Unlike the ruling that declared Kamehameha Schools' admission policy illegal, Wednesday's ruling was not a clear victory for either side, KITV 4 Island Television News reported.

Earl Arakaki and Pat Carroll were among 14 non-Hawaiians who faced a storm of protests for challenging the Hawaiian Homelands program and the Office of Hawaiian affairs.

Judges from the 9th Circuit Wednesday said in their ruling that taxpayers do not have the right to sue over congressionally protected Hawaiian Homelands.

It was a relief for homesteaders.

"We are not out of the woods yet. But, it is something that we feel safe with right now," said Tony Sang Sr., of the Homesteaders Associations.

However, the court said taxpayers can challenge the money OHA receives from taxpayers.

Even though the ruling only puts 10 percent of its budget at risk, OHA gathered up the governor Sen. Daniel Akaka and other major Hawaiian groups to say the ruling proves the courts are hurting Hawaiians. They say help from Congress, with the passage of the Native Hawaiian Recognition Bill, is even more essential.

"Those trust resources could be redirected into services but for being in court, we don't want to be in court," OHA Chairwoman Haunani Apoliona said.

OHA gets most of its money from rents at the Honolulu International Airport, state harbors and other ceded lands (former crown lands).

The ruling disappointed the plaintiffs' lawyer.

"I didn't like it. I thought it narrowed down our claims too much," attorney William Burgess said.

The ruling sends the case back to the federal court in Hawaii.

Gov. Linda Lingle said the ruling is another warning that Hawaiian programs are in jeopardy.

"We dodged a legal bullet today, but it highlights why the Akaka Bill is so important to us," Lingle said.

The Native Hawaiian Recognition Act, better known as the Akaka Bill, is designed to give Native Hawaiians the same status as Native Americans and Native Alaskans. The bill is scheduled for a cloture vote in the U.S. Senate next Tuesday.

Lingle and Hawaiian leaders are returning to Washington this weekend to lobby for the vote. They need 60 votes to start debate, but the Hurricane Katrina disaster may cost some votes.

"It's a continuation of this putting the Hawaiians down. And I don't know what we're going to do as a people. But, Mr. Goemans and these Arakaki and whatever, they ought to go back where they came from," former OHA Trustee Frenchy DeSoto said.

Opponents of Hawaiian-only programs say the so-called Akaka Bill is not the savior supporters say it is. However, they admit it will give the programs legal ammunition they clearly don't have now.