It seems as though the distinction between the pastor officiating the Rite of Holy Matrimony and the pastor voluntarily acting as an agent of the state who solemnizes a "civil marriage contract" is not being maintained.

Luther rightly made this distinction when he acted as an agent of the state and pronounced the couple as husband and wife on the steps outside the church and then proceeded to conduct the Rite of Holy Matrimony, blessing the marriage, which God created, with the Word of God and Prayer from within the Church.

When acting as an agent of the state, pastors must follow the rules of the particular state. As Lutherans we certainly recognize the validity of a civil marriage contract that is solemnized by a court official. Furthermore, Scripture ultimately teaches that it is not the state, nor even the pastor, but God who joins husband and wife together in this union. The state may register and recognize it, the Church may bless it, God establishes it.