Tracey Cooper-Harris, a US Army veteran, has been diagnosed with multiple sclerosis.  Though the precise cause of MS is unknown, the VA determined her disease was service connected, qualifying her for disability benefits.  However, her request for spousal benefits was denied because she is in a homosexual relationship not recognized by federal law.  She has now filed a lawsuit as a result.

The couple’s lawsuit, which was filed Wednesday in Los Angeles, argues that a federal law and military policy that resulted in the denial of benefits are discriminatory and unconstitutional.

If the couple were straight they would receive about $125 more a month in disability payments as a result of Tracey Cooper-Harris’ illness, which has no cure. In addition, Maggie Cooper-Harris would be eligible for approximately $1,200 a month in benefits as a surviving spouse after her wife’s death. The pair would also be eligible to be buried together in a veterans’ cemetery.

“We’re only asking for the same benefits as other married couples. We simply want the same peace of mind that these benefits bring to the families of other disabled veterans,” said Tracey Cooper-Harris at a press conference in Washington on Wednesday.

The Department of Defense is bound by the Defense of Marriage Act (DOMA), which President Obama has said his administration will not defend in court.

This is not the first lawsuit filed by military homosexuals seeking the federal benefits of marriage.

The challenge to DOMA has long been predicted, despite the fact the DoD “mitigated” some concerns over DADT repeal by saying they were moot because of DADT.

On a side note, lost in the discussion is the “discrimination” claim by single veterans.  Unmarried members of the military sometimes decry the additional payments given out simply because someone is married.