Was this a "victory" for Gay Rights?

The Ninth Circuit Court overturned California's Prop 8, which banned gay "marriage".  For the record, though I lean conservative on fiscal issues, I am for Gay Marriage.  Ideally, I think the state should get out of the "Marriage" issue completely, that is a religious term, but that barn door has been open too long to be closed.  So, as a fallback, I am for Gay Marriage.  Should I be cheering?

The strange, narrow basis for the ruling really concerns me.  And it seems unfair to both sides of the argument.

The appeals panel's majority said Tuesday that Proposition 8 must be invalidated because California's existing laws related to domestic partnerships already give gay couples the same state rights as opposite-sex couples. So in effect, they said, Proposition 8 took away the significant designation of "marriage" while leaving in place all of marriage's legal rights and responsibilities.

So, because California was liberal/generous/open enough to offer a fully equal legal status for domestic partnerships, the ruling says that it must also allow these to be called "marriage".  Imagine yourself as a religious conservative opposing this decision.  Your only logical conclusion is that you should never have been "nice" enough to give any ground and allow domestic partnerships.  Next time a minority group wants "just a few" more rights, screw them, because, as proved by the 9th Circuit Court, it really is a slippery slope.  This decision will rally and harden conservative opposition.  I don't know if any conservative states still prohibit domestic partnerships, but, if there are, the chance of gays obtaining that right just went way down.  Or, if their domestic partnership laws aren't quite equal to marriage rights, they will darned tooting remain unequal, otherwise these "liberal judges" will force them to allow marriage.

The Obama administration is already in a fight with Catholic institutions, attempting to force them to provide contraception coverage.  So, a religious conservative can easily imagine their church, mosque or synagogue being forced to perform a gay marriage.  While I support Gay Marriage, forcing others, against their conscience, to perform the ceremony is a violation of religious liberty and the First Amendment.

And, if I were Gay, I'd be worried by this decision.  The right to "marry" is based upon a very narrow legalistic interpretation of existing laws, not a fundamental right of equality.  And, in any case, it came through the courts, not through acceptance of the general population.  Which ultimately should be the goal, even if that will take time.  And, IMO, this decision pushed that acceptance further into the future.