An Austin woman filed a federal lawsuit Wednesday seeking to halt the Social Security Administration’s practice of withholding spousal benefits from gay couples who reside in states, like Texas, that ban same-sex marriage.

Kathy Murphy’s lawsuit argued that the practice perpetuates discrimination and unconstitutionally deprives same-sex couples of equal treatment under the law.

“With increasing frequency, state and federal executives and courts — including the United States Supreme Court — have recognized the patent discrimination and affront to dignity faced by same-sex couples whose families are denied the protections of marriage,” the lawsuit said.

Murphy and Sara Barker, Austin residents since 1984, were married in Massachusetts, where same-sex unions are legal, in 2010 after 30 years as a couple.

But after Barker died of cancer in 2012 at age 62, Murphy was denied spousal and death benefits because the Social Security agency determines whether couples are married based on the laws of the state where they live, not where they were married, according to the lawsuit, filed in U.S. District Court for the District of Columbia.

“SSA’s incorporation of discriminatory state laws tells same-sex couples living in those states that their valid marriages are unworthy of federal recognition and equal treatment,” said the lawsuit, filed by lawyers with Lambda Legal, a national gay-rights legal advocacy organization.

Murphy and Barker worked for the Texas Department of Transportation, retiring together in June 2011 so they could spend more time together while Barker battled cancer.

Murphy, 62, told the American-Statesman that she is seeking a fair shake.

“I’m a surviving spouse. I’m a widow. The only reason I’m not receiving spousal benefits is I live in a state that doesn’t recognize my marriage. There’s nothing fair about that at all,” she said. “When the last thing in the world I want to think about is finances, I’m dealing with that.

“There are other surviving spouses (in other states) who are lesbian, who are gay, and they are receiving spousal benefits — thank God for that. But for those of us who are in states that don’t recognize same-sex marriage, they are faced with this inequity,” Murphy said. “I can imagine there are people like me under a lot worse circumstances. Not only is it about fairness, but for them it’s about survival. How can this be right?”

In a separate lawsuit, a federal judge in San Antonio overturned the Texas ban on same-sex marriage in February, ruling that the practice improperly relegates gay couples to “second-tier status.” That ruling, however, is on hold while Texas appeals the decision.