OK, won`t try to lecture you cos your a smart lawyer type with a quick response in mind for such sneak attacks.
When we play D&D and i am the DM my word is law, its not open to discussion or debate, the DM`s word is final. You don`t have to like it, just live with it and play the game. Its a game with set rules so why do you insist on trying to change them, if thats what you want to do you DM the D&D 3/3.5 Edition games, simple as that, mate.
I have to say I disagree about not giving the DM your opinions about a game world where the group haven't even begun play yet - and in this particular case, OGB ASKED me for my feedback - so he can't really complain when he gets it!! Anyway I think the ref DOES have to consider player preferences - he has to at least offer the players a world that they can believe in, characters that they can believe in, characters that they can get excited about playing. Otherwise they either won't play, or will play but won't enjoy it - neither of which can possibly be a desired outcome. No-one has the God-given right to be the group's DM / ref / GM - especially in a group with 3+ potential refs.
I have to say I disagree about not giving the DM your opinions about a game world where the group haven't even begun play yet - and in this particular case, OGB ASKED me for my feedback - so he can't really complain when he gets it!!
A cleric gets as many spells as a wizard, and many of the most useful wizard spells are also cleric spells of the same level, leaving the wizard with nothing to contribute - this may not be true at high levels, or in thoughtful, roleplay-heavy games - but those are not the sorts of games that I have seen OGB DM! OGB loves wizard blasting spells, but the maths just isn't in their favour.
The DM can set the parameters of the game he proposes to run, but it is his responsiblity to ensure the players enjoy the game.

(Dungeons & Dragons)
Rulebook featuring "high magic" options, including a host of new spells.