Fears the move to create a second form would reinforce bigotry as state wrestles with fallout from clerk Kim Davis’s refusal to issue same-sex marriage licenses

Kentucky’s Senate approved a bill on Thursday that creates different marriage license forms for same-sex and heterosexual couples.

The primary purpose of the legislation was to remove the names of county clerks from marriage licenses – a response to the controversy surrounding Rowan County clerk Kim Davis and her refusal to issue marriage licenses to same-sex couples.

But the Republican-controlled Senate amended the bill as a way to show its support for marriage between a man and a woman, with one Republican senator saying any form that did not include the words “bride” and “groom” risked being disrespectful to the “traditional family”.

Former Democratic governor Steve Beshear changed the marriage license form in 2015 after same-sex marriages became legal, removing “bride” and “groom” and replacing it with “first party” and “second party”.

Republican state senator John Schickel of Union said: “Quite frankly, it’s almost disrespectful to the traditional family.”

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“That’s why, wisely, we decided to have two forms. That has nothing to do with bigotry, nothing to do with discrimination. It has to do with the vast majority of Kentuckians that respect traditional marriage.”

Democratic senator Morgan McGarvey of Louisville tried to amend the bill to create one form, where a person would have the option to check “bride”, ”groom” or “spouse” beside their name. He said having one form would be cheaper and more efficient, and it would treat everyone fairly. It failed.

The American Civil Liberties Union, which brought a lawsuit against Davis over the issue, said the Senate was “setting a dangerous, slippery-slope precedent by catering to one specific religious belief and privileging that over others”.

“Separate forms for gay and lesbian Kentuckians constitute unequal treatment under the law,” said Michael Aldridge, the executive director of the union’s Kentucky branch. “Pure and simple, this bill is motivated by the desire to accommodate discrimination against same-sex couples.”

Republican senator Stephen West, the sponsor of the bill and whose district includes Rowan County, said same-sex couples could choose to use the “bride” and “groom” form if they wished.

Two Republicans voted against the bill – Julie Raque Adams of Louisville and Wil Schroder of Wilder – citing their wish to have one form. But others, including Democratic senator Gerald Neal of Louisville, said creating two marriage licenses was taking the state “down a path that has already been paved in this commonwealth that has a tendency to reinforce bigotry”.

The bill now heads to the Democratic-controlled House of Representatives, where Speaker Greg Stumbo has said the House is likely to pass its own version.