To define and also to enf orce sanctions against the sin of adultery, the church first had to determine that the accused married person was in fact married. The response of Catholicism was to ritualize marriage by converting it into a sacrament. Today, in European and American legal s ystems, marriage is predominantly a matter of public family law, not the law of individual contracts.
Family law dictates whom one can marry and sets forth minimum ages for marriage.
It governs divorce, custody of children, and the property and support r elationships of married parties. Luther, however, did uphold the institution of marriage as a legal status. In his view, marriage was something that the law should order - which our state marital laws do to this day. For example, clergy were subsequently appointed officials of the s tate authorized to perform marriage ceremonies. Maryland law is in accord.