In other news:
“Governor Jerry Brown is already ordering clerks to issue marriage licenses to gays in California, a bold step”
The clerks have standing.
Yes, the clerks have standing. But, they'll be laughed out of court based on the Supremacy Clause argument raised by Tau Food. And, to top it off, if they appeal being laughed out of court, it will be affirmed by an appellate court (which will, of course, render this entire argument moot).
Point being, this argument under Section 3.5 is not going to go anywhere.
According to CJ Roberts, the clerks have standing if they can claim a personal, particularized injury that they will suffer by issuing marriage licenses.