Nebraska Marriage Amendment--Standing and 11th Amendment

Nebraska State Constitution » I-29

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I-29. Marriage; same-sex relationships not valid or recognized.

Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.

Source

Neb. Const. art. I, sec. 29 (2000);
Adopted 2000, Initiative Measure No. 416. 

Pls. were gay couples who challenged only the second sentence of the Marriage Amendment. They sued the Nebraska Attorney General to enjoin his enforcement of the second sentence of the law.

Nebraska did not recognize any kind of civil union even before the Marriage Amendment passed. The Attorney General was not involved in any present action to enforce the second sentence.


Do Pls. have standing to challenge the amendment?


Does the 11th Amendment bar this suit against enforcement?