WHITE HOUSE WILL JOIN PROP. 209 BATTLE.

Byline: Rick Orlov Daily News Staff Writer

The Clinton administration announced Friday it will enter the legal battle over Proposition 209 and fight to overturn the measure that bans government affirmative action programs based on race and gender.

White House and Justice Department officials said President Clinton has made clear his opposition to the measure - approved by 54 percent of the voters in November.

``We feel that the California affirmative-action initiative is unconstitutional and intend to get involved in the case at an appropriate time,'' said Justice Department spokesman Myron Marlin, according to the Associated Press. Marlin said it had yet to be determined if it would seek to intervene in the case or file as a friend of the court.

In either case, it drew praise from those fighting the measure before Chief U.S. District Court Judge Thelton Henderson in San Francisco. Henderson has issued a temporary restraining order blocking the measure and is scheduled to decide Monday on whether to issue a preliminary injunction until a trial is held.

``This adds a red, white and blue nail to the coffin of Proposition 209,'' said Mark Rosenbaum, legal director of the American Civil Liberties Union of Southern California. ``This decision is a ringing endorsement of Judge Henderson's temporary restraining order against Proposition 209.''

But Gov. Pete Wilson and other supporters of the measure criticized the administration, with Wilson sending off a letter of protest to Clinton.

``I urge you to reconsider whether you really want to be the first administration since the enactment of the Civil Rights Act of 1964 to contend that a law prohibiting all racial and gender-based discrimination is itself unconstitutional,'' Wilson said.

``Unless you reconsider, your administration will now face the distinction of making a legal challenge that is absolutely Orwellian.''

Rosenbaum, however, said the federal government action was needed ``since Proposition 209 is the first law since the Civil War that removes minorities and women from the political process in a manner that they cannot seek constitutional protection.''

The president this week cited his strong, public opposition to the measure during the presidential campaign.

``I thought it was bad policy for the people of California, and a bad example for America,'' he said.

White House spokesman Mike McCurry said the president is aware the action places him at odds with the majority of Californians who voted for the measure.

But said, ``The president as the chief constitutional officer has to act.''

McCurry said the Justice Department decided it could intervene based on a 1982 Supreme Court ruling in Seattle where the court overturned a measure limiting school busing.

Robert Corry of the Pacific Legal Foundation, which is defending Prop. 209 before Henderson, said he thought it was unfortunate Clinton decided to intervene.

``This important matter should not be turned into a political football,'' Corry said. ``It underscores our point that . . . we have thousands of people who are being discriminated against because of their race and gender.

``If you look at the president's past statements about mending affirmative action while not ending it, that's exactly what Proposition 209 seeks to do.''

Also, Ward Connerly, who headed the campaign for the measure, said the president was going against his own stated new goals.

``By joining the lawsuit against Proposition 209, President Clinton has betrayed his commitment to centrist policies,'' Connerly said. ``(Clinton) recently said he wanted to forge a coalition of the center, yet by this action he joins the radical left.

``Clearly, the president is out of step with a majority of Californians and Americans,'' Connerly said. ``If President Clinton truly wanted to mend affirmative action, he would realize that Prop. 209 does just that.''