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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 113545
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I just went to a justice of the peace in Louisiana over a

Customer Question

I just went to a justice of the peace in Louisiana over a case where I gave a ring to my girlfriend and she gave me a ring. We gave them to each other as a commitment to stay together or until we were able to get married. My friend cheated on me and I asked for the ring back, she refused so I took her to small claims court. I had the paperwork from when I bought the ring. The judge ruled in her favor stating that since Louisiana is not a state where gay couples can get married, the ring turned into a gift. I think in Louisiana gay marriage is approved. Were can I go to overrule his decision?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Gay marriage is a hot debate in LA and it is technically legal in Louisiana, but so far it is being resisted in all but Jefferson and Orleans Parishes. However, just because it is being resisted, that does not mean the JP can say same sex marriage is not legal in Louisiana, because it is. Your next step is to file an appeal to the judicial district court in your parish and you do so by filing a complaint in the court and asking the court to reverse the ruling of the JP.

Under Louisiana law an engagement ring is considered a "conditional gift" and if the condition is not met the party that causes the condition to not be met must return the ring. This would apply in heterosexual as well as same sex marriage, since the LA law does say same sex marriage is legal whether the Governor and certain parishes like it or not. The State District Court in your parish is where you go now to file your appeal.

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