Theodore Olson, who represented the gay couples that challenged Prop. 8 in court, called the latest court filing “a desperate and frivolous act.”

Protectmarriage.com attorneys wrote in their brief that the injunction against Prop. 8 only applies to the two couples who were plaintiffs in the federal litigation, not to the state as a whole.

“Because those plaintiffs have recently been married, all relief due under that injunction has already been provided,” they wrote, “and therefore none of the county clerks are required by that injunction to stop enforcing Proposition 8 in the future.”

However, Olson said clerks are bound to issue the licenses.

“Any county that defies the federal court’s injunction is at risk not only of contempt of court,” Olson said in a statement, “but also a lawsuit under the federal civil rights laws for which it would be liable for damages and the plaintiffs’ attorneys’ fees.”