An appellate attorney in Oakland, Calif., has filed a brief before the 9th U.S. Circuit Court of Appeals, arguing that California’s same-sex marriage ban should be found invalid because the state’s entire ballot initiative process was improperly voted into law 99 years ago.

Jon B. Eisenberg, a partner at Eisenberg & Hancock, filed the amicus brief on Oct. 25 before the 9th Circuit, where supporters of Proposition 8 have moved to overturn a recent decision by U.S. District Judge Vaughn Walker finding that the initiative, which passed in 2008 by 52 percent of California voters, violates the federal constitutional rights of gays and lesbians.

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