WASHINGTON -- To expedite the ruling in its case seeking equal recognition, benefits and family support for current and former servicemembers who have equally sacrificed and served in the U.S. armed forces, Servicemembers Legal Defense Network (SLDN) late Tuesday filed a motion for summary judgment in its case McLaughlin v. U.S.

SLDN originally filed the case in October with co-counsel Chadbourne & Parke.

The plaintiffs, each legally married, want the armed services to recognize their families and seek the same family support and benefits for their same-sex spouses that the services and Department of Veterans Affairs provide to opposite-sex spouses.

The case, filed in the District of Massachusetts, challenges the constitutionality of the Defense of Marriage Act (DOMA), as well as provisions in Title 10, Title 32, and Title 38 of U.S. Code, which preclude the military from providing same-sex married couples with the same benefits and family support as their straight, married peers.

In Tuesday’s filing, SLDN asserted that there are no disputes as to the material facts in the case and is asked the judge to make a ruling in favor of the plaintiffs as a matter of law.

"The facts in this case are clear. All of these service members are legally married and entitled to equal benefits, yet are prevented from receiving them due to the Defense of Marriage Act. Given that none of these facts is in dispute, the only question is, ‘what does the law require?’" SLDN executive director Aubrey Sarvis said.

"That question can be answered right now, and today, we are urging the judge in this case to make that answer in favor of these plaintiffs."

SLDN said that it filed the motion based on the four legal theories outlined in the complaint filed last month: that the denial of benefits violates the constitutional guarantee of equal protection under the law, that these statutes violate principles of federalism, that they impose unconstitutional conditions on the exercise of the plaintiffs' right to marry under State law, and that they are an unconstitutional bill of attainder.

“This case is about justice for gay and lesbian service members and their families in our armed forces rendering the same military service, making the same sacrifices, and taking the same risks to keep our nation secure at home and abroad,” said Sarvis. “These couples are in long term, committed, and legally recognized marriages, and the military should not be forced to turn its back on them because the federal government refuses to recognize their families.”

To view the full filing click HERE.

To view additional background on the case click HERE.