In $ZF$ (or $ZFC$) let's take a sentence $S:= CH\vee \neg CH$, where $CH$ is the continuum hypothesis. Then $S$ has trivial proof, namely application of the law of the excluded middle ($LEM$). On the other hand the $CH$ sentence is independent of $ZF$.
For me that stands in conflict with what the $LEM$ has to say: either $CH$ is true, or $\neg CH$ is. Not only neither of these sentences can be proved to be true, but neither of them is true in our axiomatic system.
Generally I'm not here for discussion about intuitionistic vs non-intuitionistic logics and I don't think that is the meritum. I'm here to ask where is the fallacy in my reasoning and why no one thinks that $ZF$ with $LEM$ is inconsistent. Is the acceptance of the validity of the proof using $LEM$ to independent sentence only a purely philosophical issue? How come we are sure that any inconsistency cannot be produced this way?
Does my problem come from a fact that I think this way:
"$ ZF \vdash CH\vee \neg CH$ implies $ZF \vdash CH $ or $ ZF \vdash \neg CH $"
and this is a no no way of thinking? Do I mix theory with a metatheory? I'm not sure of that, but even if I do, then anyways $LEM$ has a clear semantic meaning to me: "Don't worry my son, I guarantee to you that either $CH$ or it's negation is true. Which is true you don't need to know now or care. Just work your proof for both cases and everything will be fine.". The same goes for independence - it has concrete semantic meaning to me - but then I cannot seem to reconcile it with my understanding of $LEM$. Please, restore my faith in mathematics
Are there known proponents of using, let's call it "weak intuitionism", i.e. classical $LEM$ is allowed only with sentences known to be not independent?