I don't say it as a gotcha. I say it to make clear that its an assumption baked into these laws that (a) I'm not sure a strong majority of people agree with and (b) creates further precedent for more government control over our lives and our children.
Edit: why is it you know these decisions should be made but you can't do it yourself? Do you not trust yourself, like an alcoholic avoiding one drink because it turns into 12, or do you not think you're capable of making the right choice at all?