VCU news

By Leila Ugincius

You have to stand up and you have to scream loud and clear that ‘I do count. I am important. Our family is important,’ so that’s why we joined this case.

“Names matter,” said Carol Schall, Ph.D., who among other things identifies herself as a Virginian and a professor. Two names that are paramount to Schall’s identity are mother and wife, but because same-sex marriage has not been legal in Virginia, she has not been legally entitled to either.

That’s why Schall, director of the Virginia Autism Resource Center at Virginia Commonwealth University, and her partner, Mary Townley, decided to join the lawsuit contesting Virginia’s ban against gay marriage. The 4th U.S. Circuit Court of Appeals struck down that ban on Monday, rendering marriage bans unconstitutional in not just Virginia, but also North Carolina, South Carolina and West Virginia.

“For us, this case has been about names,” Schall said. “Simply put, we have asked Virginia to recognize us by our rightful name. I once and for all am so thrilled to have the legal name of mom to Emily, and Mary and I will finally be able to legally call each other wife. Names matter.”

Judges Roger L. Gregory and Henry F. Floyd agreed, upholding the original ruling by U.S. Judge Arenda L. Wright Allen in February, "because we conclude that Virginia's same-sex marriage bans impermissably infringe on its citizens' fundamental right to marry, we affirm," Floyd wrote.

Schall and Townley, who have been together for more than 20 years, are honored and humbled to be part of this landmark case. They have experienced struggle at critical times in their relationship because of the legal limits to their relationship. For instance, when Townley was pregnant with their daughter, Emily, she had a health crisis. Schall rushed her to the hospital and then left for a few moments to move her car. Once she came back, no one would give her any information or even allow her to talk to Townley because she wasn’t legal family.

“I was refused any information,” Schall said. “It was one of the most scary and dark days of my life. … Those kinds of instances, when they happen to you, are so demeaning and so demoralizing, but they’re also moments of clarity, that let you know that you have to change this. You have to do whatever you can. You have to stand up and you have to scream loud and clear that ‘I do count. I am important. Our family is important,’ so that’s why we joined this case.”

The court’s decision is a dream come true for their daughter, Emily, 16.

“Today I’m really happy,” she said. “Because of this decision, we are one step closer to one of my most important dreams, the dream that my family will be recognized just like every other family in Virginia. I can hold my head high with my friends, teachers, coaches and everyone else who knows me. Because of this decision I will finally be able to say without special explanations that this is my family and these are my two moms.”

While their family unity was never in doubt to Schall and Townley, being a part of this case has reaffirmed the support of their extended community and neighbors, who have always been like family.

“I’ve gotten tremendous support from all of my colleagues and friends at VCU,” Schall said. “It’s just been wonderful. … I feel everyone supporting us and that means so, so much to us. We really want to thank everybody in our VCU family for their support.”

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