the point is that it is possible to differentiate between utxos of the same 'value'

IOW, 'value' is not the only characteristic of a new utxo.
Because the ledger is transparent, 'history' is also communicated.

And because their 'history' is not the same, utxos of the same 'value' are nonfungible.
by definition.

yes and *then* people can make whatever decisions they want.

but we have decided that
"fungible"
means that units of equal size cannot be differentiated from each other.

and bitcoin is not that.