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Let me clarify a bit on my point. To me, a fundamental right is one which can not be abridged. If I have a fundamental right to assembly, then as long as I'm assembling legally, I cannot have my group dispersed while another group, for another reason, is not. If I have a fundamental right to bear arms, then once and while I have complied with all laws on the matter, I can bear arms and they may not be taken from me. If I have a fundamental right to union with whom I choose, and I go through the required certification, that union cannot be dissolved, nor can anyone deny it.
If marriage or civil union is not a fundamental right, then it can be curtailed as deemed fit.
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