I agree it wasn't intended to work that way but the rules back it up. I will have an alternate character made up in case the DM throws a fit but i wanted them to realize they don't want to start a pissing contest with me on rules. Plus the DM doesn't even really read most of it, as long as i can show that there is a rule to support me i'm fine.
Extended version of the situation: Start game with 2 people i have played with before, 1 of their newer friends who claims to be a rules lawyer and experienced player, and one of my friends that has played in my games. We talk about the house rules and theme of the game before new friend shows up, it is to be a simple game since there were supposed to be 2 other new people who had never played before. We all make up our characters. New guy gets there and decides he is playing a pixie and proceeds to tell the DM how they plan on adjusting the rules laid out in savage species on monster classes. None of these adjustments sound unreasonable, from what i over hear while i'm working on my character. Well pretty quickly i realize this is going down hill quickly. Me and my friend are the only non-evil party members, new guy's character wants to kill all humans and constantly threatens my character, some how the pixie has DR 10/ci despite that not being included in the savage species version of the pixie, and the other player has a gish that doesn't prepare their spells like they are supposed to.
So now we have me and my friend following the rules and the 2 others not. They also got lots of favorable treatment from the DM. I'm trying to be nice about it all and talked to the DM about it and what the problems were. DM just said ok and did nothing. Since there will only be 1 or 2 more sessions i figured i would stick it out, but i'm going to at least make a character i can have fun playing, rather than the heal stick they requested i play as a replacement.