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No, marriage is NOT a fundamental right. It's clearly a privledge. Marriage is, and has always been subject to legal restrictions and qualifications. As an example, You are not free to marry a 10 year old, neither are you free to marry 2 or 3 other people. You're not free to marry within a period of time following a divorce either. If it was a fundamental right, then the states would be subject to much greater scrutiny when it legislated restrictions regarding marriage.
I think you'll find the recently announced (yesterday) California Supreme Court decision further erodes the "fundamental right" argument.
It's a privledge now and as such, it's subject to legislative control via the will of the people. The CA courts are now without power to hear such same sex marriage issue in the future. This doesn't mean the legislature is prohibited from redesigning the law if the people so desire.
The California Constitution now defines marriage as an institution between a man and a woman. The court found no discriminate against a(ny) class of citizen(s). Somewhat surprising to many legal scholars, but none the less, it's now final in CA.
But to answer the question, marriage is pretty much NOT a fundamental right, at least it's not in California. It's a privilege subject to legislative control much the same as a drivers license is.
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