Single women and the law in a pro-marriage state

This lecture will offer an overview of single women and the law in Taiwan, highlighting both legal benefits and detriments, with a focus on the latter. 

Much has been written about what it means to be a married woman in law, with particular attention to the inequality associated with this status. In Taiwan and many other countries, legal reforms have addressed this inequality by improving access to, the relationship within, and the exit from marriage. Despite these advancements, equality for married women remains a goal yet to be fully realized. 

Moreover, the legal gains and normative dangers of marriage equality are worthy of attention. For many women, marriage is perceived as a cage to be avoided, an unattractive option, an unaffordable choice, or a lifestyle by chance. Some women are “single at heart” and embrace singlehood as a flourishing way of life. Female singlehood is on the rise in many parts of the world, including in East Asia, where governments, both democratic and authoritarian, have demonstrated commitment to implementing marriage promotion programs as part of their pronatalist policies. 

Single women, particularly those at fertility ages, pose a challenge to marriage normativity and the state's interests in increasing childbirths. In Taiwan, being a single woman is a legally protected choice, with the freedom to marry being a constitutional right and discrimination based on marital status prohibited. Single women are exempt from legal discrimination faced by married women, such as the marriage penalty in taxation and the requirement of spousal consent in abortion. However, this view of single women and the law is misguided, as they are not in a privileged position compared to their married counterparts.

It will be argued that the freedom not to marry (the right to be single) is negatively recognized without affirmative protection. The prohibition of marital status discrimination, which was an achievement of the feminist movement to prevent involuntary singlehood and improve the inequality of married women, is more often mobilized to promote and protect marriage than to respond to singlism. Furthermore, single women are subject to what is termed the “singles penalty.” The issue of discrimination against single women has not received the attention it deserves. The pursuit of “single equality” shall be incorporated into the feminist legal agenda.