Harris asked the Ninth U.S. Circuit Court of Appeals in San Francisco to let same-sex weddings resume in California while the court reviews Prop. 8. The case is on hold while the state Supreme Court decides whether the measure's sponsors can appeal a federal judge's decision declaring Prop. 8 unconstitutional.

Even if backers have legal standing, Harris said, "the likelihood that the appeal will succeed on the merits has been substantially diminished" by the Obama administration's declaration last week that the federal Defense of Marriage Act is unconstitutional.