EDITORIAL : COURTING A CONFRONTATION INSTEAD OF A LEGAL BATTLE, FOCUS ON PROP. 209 SHOULD BE A NEW PLAN OF EQUAL OPPORTUNITY.

BEFORE California voters passed Proposition 209, many assumed that if the initiative passed it would get bogged down in the courts.

It's happening. Foes found a liberal judge - Chief U.S. District Judge Thelton Henderson of San Francisco - to issue a temporary restraining order that prevents Gov. Pete Wilson and Attorney General Dan Lungren from enforcing the measure.

The ruling blocks implementation at least until the judge hears arguments for a preliminary injunction Dec. 16, when civil rights groups will ask him to further delay it until a trial is held.

And the matter is not likely to end there. It probably will be appealed to the liberal, often-reversed 9th Circuit Court of Appeals. From there it could go to the U.S. Supreme Court, where justices already have expressed the view that race- and gender-based preferences are legal only to remedy demonstrable discrimination, not general assumptions about past bias.

It could be a long wait until the matter is finally settled. So instead of being immobilized during the lengthy interval, public leaders should put the delay to good use and find the accommodation that we have been calling for: Let's get on with the job of developing an affirmative action program that helps disadvantaged individuals, instead of the current system which allocates favors based on race or gender even when people come from privileged socioeconomic sectors and don't need a helping hand.

Even though some Republicans - including the governor - unfortunately tried to hijack Proposition 209 as a wedge issue during the campaign, Wilson has improved since then.

The executive order he issued Nov. 6, the day after the election, showed moderation. It authorized a state study of how the initiative can be put into effect, and gave state agencies three weeks to submit a list of programs and statutes that deal with preferences based on race, sex, color, ethnicity or national origin.

Although the governor has moderated his tone, opponents have not. A few days ago, Mark Rosenbaum, legal director of the American Civil Liberties Union of Southern California, accused backers of the initiative of trying to ``move white people to the front of the line.''

That reckless, cynical attack exposed the destructive side of the ACLU's political agenda - trying to inflame political passions and divisions instead of advocating a principled legal position. Neither side will benefit from destructive politicking on this issue.

No one should doubt the willingness of Californians to offer opportunities for people to make something of themselves and overcome past disadvantages. But that willingness doesn't extend to well-off individuals who milk the quota system while members of less-favored categories don't get much-needed help due to their gender, race, ethnic background or national origin.

That's a double standard. It must end. It's time for a better system, one that helps the disadvantaged and does it in a way Californians will support. The work can begin even while Proposition 209 languishes in the courthouse.