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 © 2026 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

Yhivi Fronts New Brazzers Release

Yhivi stars with multi-XMA winners Mick Blue and Isiah Maxwell in a new release from Brazzers, titled "Immoral Yhivi."

Vixen Media Group Extends Exclusive Contract With Jason Luv

Vixen Media Group (VMG) has renewed its exclusive contract with Jason Luv.

Brazzers Premieres Limited Series 'Sleazy Rider'

Brazzers has released the first installment of its new limited series, "Sleazy Rider."

Sarah Arabic Stars in Latest From Brazzers

Sarah Arabic stars with Will Pounder in the latest release from Brazzers, titled “Shirtcocking for the Win.”

Evil Angel Debuts Pat Myne's 'Who Does It Better?'

Evil Angel has released director Pat Myne’s new title, “Who Does It Better?”

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Mandii Rose Makes Her Evil Angel Debut

Mandii Rose has made her debut for Evil Angel alongside multi-XMAs winner Mick Blue.

Elizabeth Skylar Launches Production Banner on VRPorn.com

Elizabeth Skylar has launched her own virtual reality production banner on VRPorn.com.

MsSexySaigon Returns to TeamSkeet

MsSexySaigon stars in the latest scene from TeamSkeet’s “Freeuse MILF” series.

Penny Barber, Rissa May Star in Latest From MILFY

Penny Barber and Rissa May star with Dan Damage in the latest release from Vixen Media Group studio imprint MILFY.

Show More