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That is a good point, however, one could use that argument for many things that we deem acceptable / unacceptable as social construct.
A relationship between two adults who are fully capable of understanding their actions is a far cry from a 12 year old that is still developing mentally. The later can cause serious damage to someone a child that is not fully mentally developed
Well if we see hs as a mental issue, then We can no longer see hs adults as make rational decisions.
In any society there's restrictions on freedoms, the only question is where do we draw the line n when it's k for the govt to intervene for greater good?