SPECIAL REPORT: Industry Responds to Prop. 8 Passage

WEST HOLLYWOOD, Calif. — The passage of Proposition 8 drew swift response from the adult industry.

Michael Lucas, president of Lucas Entertainment who recently wed his partner, Richard Winger at a private ceremony in Los Angeles last week explained his displeasure.

"I am disappointed about the approval of this blatantly homophobic proposition," Lucas told XBIZ. "However, I have confidence that it's only a matter of time until we see it overturned."

Six same-sex couples filed suit at the California Supreme Court in an attempt to have the vote discarded, arguing that the measure is an illegal constitutional revision.

The legal status of those already wed is unclear.

Joel Hastings, a resident of Seattle was one of the first to wed in May. His partner and he chose Palm Springs, Calif., to tie the knot, even though their home state of Washington does not recognize their union.

"Legal opinions are conflicted, with confusion about the difference of out-of-state and in-state marriages," Hastings told XBIZ.

"The marriage stands for now, but legal challenges are expected from both sides. In-state residents are likely to remain recognized as married, but it is uncertain."

Hastings added "what's astonishing to me was the massive turn out for the election and the huge margins for Obama. The nation and California seem to have said that the GLBT votes don't count."

The passage of the proposition creates an especially difficult legal challenge. Those who legally wed prior to the vote may face a situation where their married status is actively stripped from them retroactively.

Preemptive measures in both Florida and Arizona have passed, even though those states do not currently permit gay and lesbian unions.

The legislative battle was by far the most expensive initiative in recent history with an estimated $74 million spent by both sides. In an unusual move, several prominent California companies, including Google, Apple, PG&E and Yahoo all contributed funds to fight the ban. Major state newspapers and the mayors of Los Angeles, San Francisco and San Diego all publicly opposed the measure.

Proposition 8, which defines marriage as a union between a man and a woman received 52 percent of the vote with approximately 95 percent of precincts reporting, making the initiative's passage a certainty.

Same-sex unions were legalized in California on May 15 when the state Supreme Court overturned Proposition 22 that was passed in 2000. That proposition defined marriage as only between a male and a female. The court ruled that Proposition 22 violated the state's constitutional requirement that gay and lesbian individuals receive equal treatment.

The battle over Proposition 8 was contentious due to the fact that the state had permitted gay and lesbian marriage for four and a half months. An estimated 18,000 couples wed during that period. The legality of those unions is now in doubt.

Massachusetts and Connecticut are the only states in the U.S. that recognize same-sex marriage, however, those unions are not recognized by other states or the federal government.

Due to the Defense of Marriage Act, federal courts do not bestow marital status to gay and lesbian couples.

Vermont, New Jersey, and New Hampshire have authorized legal unions that are defined as offering all the rights and responsibilities of marriage under state (though not federal) law to same-sex couples.

Maine, Hawaii, the District of Columbia, Oregon and Washington have created legal unions for same-sex couples that offer varying, but fewer rights of marriage under the law.

Related:  

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

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

From Ring Lights to the Spotlight: 2026 XMA Creator Awards Celebrate Community and Indie Stardom

M2 transformed into a neon-drenched fever dream Wednesday night as the 2026 XMA Creator Awards, presented by Fansly, returned to Miami Beach in a haze of flashing lights, tropical heat, and pure digital decadence.

Miles Fallon, Jake Apton Make Raging Stallion Debuts in 'Private Details'

Miles Fallon and Jake Apton have made their Raging Stallion debuts in the first installment of "Private Details."

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

2026 XMA Creator Awards Winners Announced

Winners of the 2026 XMA Creator Awards were revealed Wednesday evening during a live ceremony at M2 in Miami Beach. The event, presented by Fansly, was hosted by Elly Clutch and Girthmasterr.

Diego Silva, Diego Vox Lead Latest From Sean Cody

Diego Silva and Diego Vox star in the latest release from Sean Cody.

Jay Wu, Sammy Sins & Jkab Ethan Dale Lead Latest From Men.com

Jay Wu, Sammy Sins, and Jkab Ethan Dale star in the latest scene from Men.com, titled "Kpop Booty Munchers."

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

PeterFever Debuts Travelogue-Inspired Series 'Lost In Puerto Rico'

zBUCKz and PeterFever have debuted the new travelogue-inspired series, “Lost In Puerto Rico.”

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

Show More