Like seat belts?
Too hard a question for you to answer..
Are seat belts constitutional and if not why are there fines?
Look to the insurance companies and their lobbyists for your answer. The safety issue at play is the same as helmet laws for cyclist. Some states have them, some don’t.
While I love the air in my (balding) hair, I’d never take out on my bike without a skull bucket. I normally ride with a white helmet, people instinctively see cop at first sight (that might be more of a liability in today’s environment?)