ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, December 21, 1996 TAG: 9612230070
SECTION: NATIONAL/INTERNATIONAL PAGE: A-5 EDITION: METRO
DATELINE: WASHINGTON
SOURCE: Knight-Ridder/Tribune
The Clinton administration, concluding that California's new anti-affirmative action law is unconstitutional, said Friday it would join the federal court case to dismantle it.
``Rather than mending what's wrong with the affirmative action programs that exist, this has the effect of abolishing affirmation action,'' said White House press secretary Mike McCurry, announcing the Justice Department's decision to battle Proposition 209.
The constitutional amendment, approved last month by 54 percent of California voters, bars all state government-backed affirmative action programs based on race or gender.
However, the measure lies in judicial limbo because a federal judge has blocked its enforcement, arguing that there is a ``strong possibility'' its foes will be able to prove it unconstitutional.
On Friday, the Justice Department agreed, a move that brings the considerable resources of the U.S. government to the side of civil rights groups fighting the measure, which they say violates the constitutional guarantees of equal protection.
``This adds a red, white and blue nail to Proposition 209's coffin,'' said Mark Rosenbaum, legal director of the American Civil Liberties Union of Southern California.
Legal scholars say the measure may ultimately be decided by the U.S. Supreme Court after years of lower-court challenges.
Friday's announcement fueled a fiery debate about the will of the electorate and the reach of federal anti-discrimination policies.
``I can't figure this out,'' said a perplexed Glynn Custred, the anthropology professor who was one of the authors of Prop 209. ``Of course this is constitutional. We wrote a solid law without any sloppy language. It's clear, comprehensive - just eight sentences - and it will withstand judicial scrutiny.''
California Attorney General Dan Lungren said the administration's decision placed President Clinton among those who oppose a color-blind society that, Lungren said, Prop 209 would help foster.
``President Clinton has joined those who believe that the strict prohibition of discrimination is discriminatory,'' Lungren, a Republican, said. ``He has endorsed the notion that California voters are not capable of enshrining in their state constitution principles of opportunity without somehow violating the U.S. Constitution's guarantee of equal protection for all.''
Henderson said: ``The issue is not whether this court should reject or respect the `will of the people.' Rather, the issue is whether the challenged enactment complies with the laws of our Constitution and Bill of Rights.''
A Justice Department official said it was not clear when U.S. lawyers will become part of the case, or exactly what form that participation will take. It may simply file friend-of-the-court papers that lay out its objections, or it may ask to become a plaintiff in the case.
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