I do still think BG3 should have those issues fixed and be closer to 5e, but I agree that using the BG1 and 2 reference is a bad argument. Those games did deviate from the ruleset fairly often (even though I do not necessarily agree with the list itself, there are other places where they drifted away from the actual ruleset)
Admittedly, 5e would be much better to adapt to a CRPG than 2nd edition (or even 3rd edition) is, so there still is no real reason for Larian to ignore the ruleset that is balanced (well. More or less At least more than other editions and more than all the home-brews rules added in BG3) and has been play tested for many years already
