The Hernandez proposition (SCA-5) to reintroduce racial preferences in the operation of California public education system has recently generated a lot of public debate. In this paper, we identify and analyze the problems that Sen. Hernandez attempts to address by race based laws. We find that despite a 20% high school dropout rate Latinos still enjoy a 35% enrollment ratio in theCalifornia State University system. At the University of California, Latino enrollment ratio is 19.2%. The lower latter ratio is largely due to a very low completion rate of the required courses by male Latino high school students, and can be improved through race and gender neutral alternatives such as stricter enforcement of school attendance laws. The Hernandez proposition violates the Equal Protection Clause of the Fourteenth Amendment and will be detrimental to the peace and prosperity of California. This we must stop.