Dronenburg is represented by Chuck LiMandri of the Freedom of Conscience Defense Fund, which is also defending ex-gay therapy in New Jersey. One of the claims made in the petition is that Dronenburg is personally injured by having to marry same-sex couples:
Petitioner is suffering, and will continue to suffer, irreparable injury and damage unless this Court requires Respondents to execute their supervisory duties, which do not include control over county clerks issuing marriage licenses, consistent with state law limitations.This suit makes the same argument made in a similar suit filed recently by the proponents of Prop 8, claiming the federal injunction does not apply state-wide because the governor and attorney general do not have supervision over county clerks. The California Supreme Court refused to issue a stay in that suit, but has asked to be briefed in the coming weeks. A state court does not have authority, however, to overturn a federal injunction — only a federal court can interpret its scope to mean something more narrow, and Justice Anthony Kennedy already refused to do that. Even if the California Supreme Court rules that county clerks operate independently of state leaders, Judge Vaughan Walker’s injunction declared Prop 8 unconstitutional, “permanently enjoining its enforcement” — presumably by anybody.
Petitioner is suffering, and will continue to suffer, irreparable injury and damage unless this Court issues an immediate temporary stay during the pendency of these writ proceedings (1) that orders Respondents not to enforce the State Registrar’s directive commanding county clerks to issue marriage licenses contrary to state law defining marriage as the union between one man and one woman, and (2) that direct Petitioner to refrain from issuing marriage licenses contrary to state law defining marriage as the union between one man and one woman until this Court settles the important issues raised in this Petition.
State Attorney General Kamala Harris responded to the suit that nothing has changed:
The filing offers no new arguments that could deny same-sex couples their constitutionally protected civil rights. The federal injunction is still in effect, and it requires all 58 counties to perform same-sex marriages. No exceptions.
The other county clerks are expected to submit their similar filings by the end of the day Monday."
This is the text of a Think Progress article on on several California County Clerks suing to reinstate Prop 8. I don't know whether they're elected by the county or hired by the county but they're paid by the county. If marrying gay couples is going to offend their delicate sensibilities I suggest they find another job where they don't have to deal with it. Talk about an entitlement attitude. Frankly I'm getting sick and tired of the "X, Y or Z will offend my religious beliefs so shouldn't have to do it. Especially when it comes to gay marriage and women's rights. I don't know if the article links will come through or not.