The recent court ruling in California, which overturned the state’s gay marriage ban (( I agree with the court; banning gay marriage is wrong. )) cited the Heller case thusly:
Tradition alone, however, cannot form a rational basis
for a law. Williams v Illinois, 399 US 235, 239 (1970). The “ancient lineage” of a classification does not make it rational. Heller, 509 US at 327. Rather, the state must have an interest
apart from the fact of the tradition itself.