Acts inimical to societal order not allowed.

- While there is no power to control what a person may believe about religion or the type of religion the person may adopt or profess, there is a power under the law to limit the person's acts, even though to do such acts may be part of the person's religious belief. The constitutional guarantee of the exercise of religious freedom does not extend to acts which are inimical to the peace, good order, and morals of society. Jones v. City of Moultrie, 196 Ga. 526, 27 S.E.2d 39 (1943); Ferguson v. City of Moultrie, 71 Ga. App. 15, 29 S.E.2d 786 (1944).

Right to exercise religious freedom ceases when others' rights transgressed.

- A person's right to exercise religious freedom, which may be manifested by acts, ceases when it overlaps and transgresses the rights of others. Everyone's rights must be exercised with due regard to the rights of others. Jones v. City of Moultrie, 196 Ga. 526, 27 S.E.2d 39 (1943); Ferguson v. City of Moultrie, 71 Ga. App. 15, 29 S.E.2d 786 (1944); Anderson v. State, 84 Ga. App. 259, 65 S.E.2d 848 (1951).

When professed creed not subversive of societal order not concern of government.

- So long as professed creed is not subversive of the peace and good order of society, it is not within the province of any department of the government to settle differences in creeds or to determine what ought or ought not to be a fundamental religious belief. Crosby v. Lee, 88 Ga. App. 589, 76 S.E.2d 856 (1953).

Questions of faith and practice not concern of court when civil rights not involved.

- All questions relating to the faith and practice of the church and of its members belong to the church judicatories, to which the members have voluntarily subjected themselves. When a person becomes a member of a church, the person does so upon the condition of submission to its ecclesiastical jurisdiction, and the person has no right to invoke the supervisory power of a civil court so long as none of the person's civil rights are involved. Crosby v. Lee, 88 Ga. App. 589, 76 S.E.2d 856 (1953).

Communications in proceeding for expulsion from church membership privileged.

- Communications allegedly defaming plaintiff were privileged when made in the course of proceedings expelling a member from a church. Crosby v. Lee, 88 Ga. App. 589, 76 S.E.2d 856 (1953).

Determination of church property rights.

- In a dispute over control of church property, after the trial court found that a genuine issue of material fact existed as to which of the two competing factions represented a majority of the congregation and established a procedure for holding an election to resolve the issue, judgment for the deacons was affirmed since: (1) it appeared that the church meeting may have been manipulated to exclude the deacons and their supporters and that non-members may have been allowed to cast votes, the trial court properly ordered and supervised an election process to determine which faction had majority support of the congregation on the issue of church property; and (2) the trial court did not exceed its authority in violation of Ga. Const. 1983, Art. I, Sec. I, Para. III, as it limited the election procedures to resolving the issue of which faction represented the majority of church members. Howard v. Johnson, 264 Ga. App. 660, 592 S.E.2d 93 (2003).

In a dispute over ownership of a church's property and assets, a trial court erred by granting summary judgment to the plaintiffs, who claimed to be the majority of the church's membership, because the record was insufficient to allow the trial court to determine whether the plaintiffs represented a majority of the church. God's Hope Builders, Inc. v. Mount Zion Baptist Church of Oxford, Georgia, Inc., 321 Ga. App. 435, 741 S.E.2d 185 (2013).

Ordinance forbidding use of public address system from vehicle on public streets upheld.

- An ordinance forbidding any person, firm, or corporation to operate a loud speaker or public address system from any vehicle on public streets, alleys, or thoroughfares is not an infringement upon the rights of the defendant granted to the defendant by the provisions of the Constitution of the State of Georgia or of the United States. The thoroughfares of cities are maintained by the public and to say that anyone has a constitutional right to use a loud speaker or public address system from any vehicle on these streets seems to overlap and interfere with the constitutional rights of other people. It makes no difference whether the violation is using the loud speaker to broadcast what one terms recorded sermons or using the loud speaker for vending goods or promoting some political candidate or for some other purpose. Brinkman v. City of Gainesville, 83 Ga. App. 508, 64 S.E.2d 344 (1951).

Ordinance forbidding sales on certain sidewalks during certain hours reasonable regulation.

- A municipal ordinance making it illegal for any person, firm, or corporation to sell or offer for sale any goods, wares, merchandise, pamphlets, magazines, maps, or other articles of value, on any Saturday between the hours of 12 Noon and 9 P.M. on certain congested sidewalks and setting a penalty is a valid and reasonable regulation for public safety and convenience, under the police power of the city. When the plaintiffs seek to enjoin enforcement of the ordinance against them, on the grounds that the magazines sold and offered for sale are devoted to religious subjects, and advocate the adoption of a particular form of religion, the distribution of which is a part of their religious belief, and urge that to prohibit the sale of the magazines would be in violation of their rights of religious freedom under the state and federal Constitutions, it is not error to deny an injunction. Jones v. City of Moultrie, 196 Ga. 526, 27 S.E.2d 39 (1943).

County commission's invocational practice.

- County commission's sectarian invocational practice did not violate the Freedom of Conscience Clause, Ga. Const. 1983, Art. I, Sec. I, Para. III, because county taxpayers and residents failed to persuasively explain how being exposed to prayers with sectarian references interfered with their right of conscience within the meaning of the Georgia Constitution and did not show any government-imposed obstacle to their ability to worship, or not, in a manner that they saw fit. Bats v. Cobb County, 410 F. Supp. 2d 1324 (N.D. Ga. 2006), aff'd, 547 F.3d 1263 (11th Cir. 2008).

Cited in Phillips v. Rozar, 172 Ga. 862, 159 S.E. 245 (1931); Leoles v. Landers, 184 Ga. 580, 192 S.E. 218 (1937); Rose Theater, Inc. v. Lilly, 185 Ga. 53, 193 S.E. 866 (1937); Rogers v. Mayor of Atlanta, 219 Ga. 799, 136 S.E.2d 342 (1964); City of Smyrna v. Parks, 240 Ga. 699, 242 S.E.2d 73 (1978); Brown v. Rooks, 240 Ga. 674, 242 S.E.2d 128 (1978); Time Ins. Co. v. Lamar, 195 Ga. App. 452, 393 S.E.2d 734 (1990); DOT v. Whitfield, 233 Ga. App. 747, 505 S.E.2d 247 (1998); WMW, Inc. v. Am. Honda Motor Co., 291 Ga. 683, 733 S.E.2d 269 (2012).

Am. Jur. 2d.

- 16A Am. Jur. 2d, Constitutional Law, § 612 et seq.

C.J.S.

- 16A C.J.S., Constitutional Law, § 855 et seq.

ALR.

- Validity of statutory or municipal regulation of soliciting of alms or contributions for charitable, religious, or individual purposes, 128 A.L.R. 1361; 130 A.L.R. 1504.

Constitutional guaranty of freedom of religion as applied to license taxes or regulations, 141 A.L.R. 538; 146 A.L.R. 109; 152 A.L.R. 322.

Power of legislature or school authorities to prescribe and enforce oath of allegiance, salute to flag, or other ritual of a patriotic character, 141 A.L.R. 1030; 147 A.L.R. 698.

Sectarianism in schools, 141 A.L.R. 1144.

Right of school authorities to release pupils during school hours for purpose of attending religious education classes, 2 A.L.R.2d 1371.

Religious beliefs of parents as defense to prosecution for failure to comply with compulsory education law, 3 A.L.R.2d 1401.

Suspension or expulsion from church or religious society and the remedies therefor, 20 A.L.R.2d 421.

Bible distribution or reading in public schools, 45 A.L.R.2d 742.

Wearing of religious garb by public schoolteachers, 60 A.L.R.2d 300.

Zoning regulations as affecting churches, 74 A.L.R.2d 377; 62 A.L.R.3d 197.

Prayers in public schools, 86 A.L.R.2d 1304.

Power of courts or other public agencies, in the absence of statutory authority, to order compulsory medical care for adult, 9 A.L.R.3d 1391.

Provision of religious facilities for prisoners, 12 A.L.R.3d 1276.

Validity and effect of gift for charitable purposes which excludes otherwise qualified beneficiaries because of their race or religion, 25 A.L.R.3d 736.

Free exercise of religion as defense to prosecution for narcotic or psychedelic drug offense, 35 A.L.R.3d 939.

Erection, maintenance, or display of religious structures or symbols on public property as violation of religious freedom, 36 A.L.R.3d 1256.

Constitutionality, under state constitutional provision forbidding financial aid to religious sects, of public provision of schoolbus service for private school pupils, 41 A.L.R.3d 344.

Validity of blasphemy statutes or ordinances, 41 A.L.R.3d 519.

Censorship of convicted prisoners' "nonlegal" mail, 47 A.L.R.3d 1192.

Determination of property rights between local church and parent church body: modern view, 52 A.L.R.3d 324.

What constitutes "church," "religious use," or the like within zoning ordinance, 62 A.L.R.3d 197.

Right of clergyman appearing in court as professional attorney to be in clerical garb, 84 A.L.R.3d 1143.

Wills: condition that devisee or legatee shall renounce, embrace, or adhere to specified religious faith, 89 A.L.R.3d 984.

Validity, under establishment of religion clause of federal or state constitution, of provision making day of religious observance a legal holiday, 90 A.L.R.3d 752.

Religion as factor in child custody and visitation cases, 22 A.L.R.4th 971.

Validity, under state constitutions, of private shopping center's prohibition or regulation of political, social, or religious expression or activity, 38 A.L.R.4th 1219.

Judicial power to order discontinuance of life-sustaining treatment, 48 A.L.R.4th 67.

Power of court or other public agency to order medical treatment over parental religious objections for child whose life is not immediately endangered, 21 A.L.R.5th 248.

Constitutionality of teaching or otherwise promoting secular humanism in public schools, 103 A.L.R. Fed. 538.

Constitutionality of regulation or policy governing prayer, meditation, or "moment of silence" in public schools, 110 A.L.R. Fed. 211.

Bible distribution or use in public schools--modern cases, 111 A.L.R. Fed. 121.

Validity, construction, and application of Religious Freedom Restoration Act (42 USCS § 2000bb et seq.), 135 A.L.R. Fed 121.

What constitutes "hybrid rights" claim under Employment Div., Dep't of Human Resources v. Smith, 494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990), 163 A.L.R. Fed. 493.

Constitutional claims of persons placed on federal government's no-fly list or other terrorist watch lists, 5 A.L.R. Fed. 3d 5.

Application of federal constitutional guarantees or federal statutory provisions to discipline or punishment of students with disabilities, 12 A.L.R. Fed. 3d 1.