Edith Windsor, an 83-year-old lesbian plaintiff in a lawsuit challenging the Defense of Marriage Act (DOMA), on Monday asked the Supreme Court to review her case.

On June 6, New York District Court Judge Barbara Jones ruled in favor of Windsor, who received an estate bill of more than $360,000 after the death of her wife Thea Spyer. Windsor sued, arguing that DOMA, which bars federal agencies from recognizing the legal marriages of gay and lesbian couples, violates the equal protection guarantee of the U.S. Constitution.

If the Supreme Court agrees to take the case, the lawsuit would bypass consideration before an appeals court, gay weekly the Washington Blade reported.

“Ms. Windsor is 83 years old and suffers from a serious heart condition,” the petition states. “Because the District Court's ruling is entitled to an automatic stay of enforcement … Ms. Windsor cannot receive the benefit of its ruling in her favor as the executor of Ms. Spyer's estate pending appeal and any subsequent challenges. Ms. Windsor, not Ms. Windsor's estate, should receive the benefit to which the District Court has already ruled that she is entitled; the constitutional injury that has been inflicted on Ms. Windsor, as the executor of Ms. Spyer's estate and its sole beneficiary, should be remedied within her lifetime.”

Windsor and Spyer shared their lives for 44 years and married in Toronto, Canada in 2007. In 2009, New York began recognizing the marriages of gay couples, although gay couples could not enter such unions in the Empire State. Spyer died in 2009.

The move comes just two weeks after the Justice Department asked the Supreme Court to review two cases challenging the constitutionality of DOMA.