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

Ryan Keely, Nicole Doshi Topline Latest From Sweetheart Video

Ryan Keely and Nicole Doshi headline the 19th volume of "Lesbian Adventures: Strap On Specialists" from Mile High Media's studio imprint Sweetheart Video.

Wendy Raine Fronts 'Mamma Mia' Parody From MYLF

Wendy Raine stars with Eva Nyx and Quinton James in a “Mamma Mia” parody from MYLF, titled “Memories Cumming to My Mind.”

Briella Coley Makes Her Evil Angel Debut

Briella Coley has made her debut for Evil Angel alongside director/performer Richard Mann.

Jasmine Sherni Takes the Spotlight in 2-Part Brazzers Release

Jasmine Sherni stars in the two-part Brazzers scene titled “TroubleMakerzz.”

Ofcom: Age Assurance Going Live Across 'Thousands' of Porn Sites

U.K. communications regulator Ofcom said in a statement Thursday that providers of online pornography are implementing age assurance across “thousands of sites” accessible in the U.K., in response to Ofcom’s Online Safety Act (OSA) enforcement program.

ASGMax Debuts 'Roleplay' AI Chat Feature

Alpha Studio Group (ASG) has introduced the ASGmax Roleplay AI chat feature.

Linda Lan Performs 1st Anal, Headlines Jonni Darkko's 2nd 'POV Anal Sluts'

Linda Lan performs her first anal scene and toplines director Jonni Darkko’s sequel to “POV Anal Sluts,” from Evil Angel.

XBIZ Miami's Host Hotel Sold Out, General Registration Now Open

Guest rooms at XBIZ Miami’s exclusive conference venue, Nautilus Sonesta Miami Beach hotel in South Beach, are now completely sold out.

Leana Lovings, Aria Banks Front Latest From Reality Kings

Leana Lovings and Aria Banks star in the latest release from Reality Kings, titled "Synchronized Scissoring."

Penthouse Names Lennon Elizabeth April's 'Pet of the Month'

Penthouse Magazine has named model Lennon Elizabeth as Pet of the Month for April.

Show More