A California appellate attorney has filed an amicus brief before the 9th Circuit, arguing that California’s same-sex marriage ban, Proposition 8, should be found invalid because the state’s ballot initiative process was improperly voted into law 99 years ago. "The question we’re raising in this case is whether or not the creation of the process, the initiative process, adhered to California law," said Jon B. Eisenberg, a partner at Eisenberg & Hancock.