A Circuit Court of Appeals in San Francisco has ruled that a challenge to the state’s 145-year-old ban on prostitution may proceed, saying a 2003 Supreme Court ruling opened the door for closer scrutiny of the law.

The suit, brought by three ex-sex workers, a client, and the Erotic Service Providers Legal, Educational and Research Project, says California’s current laws violate the rights of people to engage in consensual sex. The Supreme Court backed up those laws 14 years ago when it revoked criminal laws against gay sex acts.

“Why should it be illegal to sell something that it’s legal to give away?” said Judge Carlos Bea, a conservative.

A change in the status of sex workers could have a big impact on California beyond escorts and prostitutes. The San Fernando Valley in Los Angeles is the heart of the adult entertainment industry. And there’s big money in porn.

Globally, it’s a $97 billion industry, according to Kassia Wosick, assistant professor of sociology at New Mexico State University. At present, between $10 and $12 billion of that comes from the United States.