This, sadly, is one of those cases where a loop hole almost seems worse than not having the law in place at all. I think the promising news is that this can be ended. As with anything legislative in nature, it will take some time. I think common ground can certainly be found on this subject, where exportation is outlawed and owners need to be held accountable for doing right by the animal.
No one likes to put their dog or cat down, but at some point, you do right by the animal and end it's suffering, in a humane, close to painless manner.
These kill pens, and attempting to subdue the horse by severing it's spine are just beyond comprehension in terms of disgust. Just like anything, voices need to be heard, I hope anyone concerned with this topic takes a few minutes to look up their House of Rep delegate and Senators and maybe drop a line to support measures to ban exportation...if you need help finding your reps, follow these links:
https://forms.house.gov/wyr/welcome.shtml
http://www.senate.gov/general/contac...nators_cfm.cfm