An appellate attorney in Oakland has filed an amicus curiae brief before the Ninth Circuit, 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 Eisenberg, of Eisenberg and Hancock, filed the brief on Oct. 25 before the Ninth Circuit U.S. Court of Appeals, where supporters of Proposition 8 have moved to overturn a recent decision by federal 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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