Abstract
The discussion that was raised in Central Europe about the expediency of maintaining the obligatory nature of 'primado' of civil marriage, offers new reflections about the relationship between the form of marriage and its structural basic elements, like heterosexuality. From the study of civil marriage laws in Austria, it is concluded that for the respecte of the religious forms of celebration of marriage it seems better the foundation in religious liberty of the contracting parties than in the institutional point of view. Luther's doctrine considers marriage a civil question. The evangelicals accept the marriage regulations established by the secular authority if the elements of natural marriage are respected. German civil law has not called to homosexual marriages. If the civil norms of marriage separate from the common elements of natural marriage, the Lutheran evangelicals will be obliged to influence more efficiently in the rules of civil marriage or impel a change towards a system of elective marriage.
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