Why would any end-user care about what the "correct" protocol was, when the choice was between a privacy protocol with an ISP-owned kill switch and one without?
I gave you an apples to apples protocol comparison. If you tell me there's a single bit that lets you distinguish between HTTPS traffic and DoT traffic running both on 443/TCP, then I'll buy your "kill switch" argument.
And even if you do, nothing keeps me from saying farewell to my ISP as soon as they press that switch.