The article proposes the thesis of the institutional character of categories such as “sexuality”, “marriage” and “family”, as well as the relationships that arise between them in societies and contemporary legal systems that adopt the organizational form of Constitutional State of Law. This approach is presented as a discursive alternative to neutralize the claims of returning to the naturalization or biologization of these institutions and other social behaviors, by various legal subjects, both doctrinal and jurisprudential, as well as other social subjects, especially of confessional orientation.