U.S. High Court Decision May Impact Measure B Suit

SHERMAN OAKS, Calif. — This morning's Hollingsworth vs. Perry decision at the U.S. Supreme Court deprives the AIDS Healthcare Foundation standing to defend Measure B in federal court.

In April, U.S. District Judge Dean Pregerson ruled that the AHF could intervene in Vivid  Entertainment's suit seeking injunctive relief over enforcement of Los Angeles County's Safer Sex in the Adult Film Industry Act, which was approved by voters in November.

The AHF, in its arguments for intervenor status, contended that counsel for Los Angeles County won't make any arguments made by the proposed intervenors because it won't defend the constitutionality of Measure B.

But today's U.S. Supreme Court ruling, Hollingsworth vs. Perry, which dismisses a case relative to California's Proposition 8 gay marriage ban, could be key in the possibility of tossing the AHF from the Measure B case.

The U.S. Supreme Court today held in Hollingsworth vs. Perry, 5-4, that opponents of gay marriage behind California's 2008 Proposition 8 effort did not have the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial years earlier.

"The court [in the Measure B case] granted AHF's intervention motion based on the Hollingsworth vs. Perry (Proposition 8) 9th U.S. Circuit Court of Appeals decision that as a proponent of an initiative, they had standing," industry attorney Allan Gelbard told XBIZ.

"The Supreme Court ruled this morning that was incorrect when it held that the proponents of Proposition 8 lacked Article III standing in federal court and vacated the 9th Circuit opinion," Gelbard said. 

Pregerson wrote in the April ruling that the AHF had significant protectable interest in the subject matter of the litigation that was sufficient to support intervention.

The AHF, in its arguments for intervenor status, maintained that the county concedes that the group was a necessary party to litigate the constitutionality of Measure B because "no other party to the case will."

Among its affirmative defenses, the AHF said that it had reserved "the right to have proponents of Measure B intervene and defend the constitutionality of Measure B in light of the Proposition 8 gay marriage ban decision."

The AHF did not immediately return calls to XBIZ for comment on today's ruling and possible effects on its intervenor status in the Measure B suit.

Vivid, led by a trio of famed adult entertainment industry attorneys — Robert Corn-Revere, Paul Cambria and H. Louis Sirkin — are seeking injunctive relief over enforcement of Los Angeles County's Measure B

Vivid and two adult performers, Kayden Kross and Logan Pierce, filed their suit in January at U.S. District Court in Los Angeles.

Judge Pregerson's April ruling granting AHF intervenor status

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Ricky's Room Drops 3rd Installment of Baby Gemini Showcase

Ricky’s Room has released the third installment of its Baby Gemini showcase, titled "Gemini’s Blowbang."

Free Speech Coalition Appoints Megan Stokes to Board of Directors

The Free Speech Coalition (FSC) announced today that it has appointed Megan Stokes to its Board of Directors.

Nina Heels Leads Dorcel's 'Girls At Work 6'

Nina Heels headlines the latest release from Dorcel, titled “Girls At Work — Stories #6.”

Lexi Lore Stars in Latest Installment of 'Under the Bed'

Lexi Lore stars with Parker Ambrose and Axel Haze in the latest installment of Pure Taboo series “Under the Bed,” titled “Game of Spirits.”

Elegant Angel Showcase 'Jodi West Goes Gonzo' Premieres

Jodi West gets the spotlight in a new four-part showcase release from Elegant Angel.

Khloe Kapri, Sophia Locke Lead 'The Mistress 7' From Sweet Sinner

Khloe Kapri and Sophia Locke star in “The Mistress 7,” from Mile High Media studio brand Sweet Sinner.

Eve Sweet Performs Her 1st Gangbang for Blacked

Vixen Angel Eve Sweet has performed her first gangbang in the latest release from Vixen Media Group (VMG) studio imprint Blacked.

Violet Voss Fronts Latest From Mofos

Violet Voss stars in the latest scene from Mofos, titled “Pitching a Tent for Violet.”

Abigaiil Morris Stars in Latest From Brazzers

Abigaiil Morris stars in the latest release from Brazzers, titled “Caged And Cum-Hungry: Abigaiil's Blowbang.”

Show More