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Call Now: 904-383-7448No inhabitant of this state shall be molested in person or property or be prohibited from holding any public office or trust on account of religious opinions; but the right of freedom of religion shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.
- Art. I, Sec. I, Para. III.
- Freedom of religion, U.S. Const., art. VI, para. III, and U.S. Const., amend. 1.
Adult's reliance on prayer or religious nonmedical means of treatment of dependent, § 15-11-107.
Moment of quiet reflection in schools, §§ 20-2-1050 and20-2-1051.
Prohibition against exclusion of persons from University of Georgia on account of religious beliefs, § 20-3-65.
Freedom from religious discrimination in employment, § 45-19-29.
- For article, "Freedoms of the First Amendment in Georgia," see 15 Ga. B.J. 405 (1953). For article, "Personal Rights, Property Rights and Due Process: A Comparison of Constitutional Protection in the Georgia Supreme Court and the United States Supreme Court," see 9 Mercer L. Rev. 253 (1958). For article, "Religious Symbols on Government Property: Lift High the Cross? Contrasting the New European and American Cases on Religious Symbols on Government Property," see 25 Emory Int'l L. Rev. 5 (2011). For note, "Holy Moses: What Do We Do With the Ten Commandments?," see 57 Mercer L. Rev. 645 (2006). For comment, "Jurisdiction over Nonresidents in Georgia: Crowder v. Ginn," see 17 Ga. L. Rev. 201 (1982). For comment, "I Object: The RLUIPA as a Model for Protecting the Conscience Rights of Religious Objectors to Same-Sex Relationships," see 59 Emory L.J. 259 (2009). For comment, "For God and Money: The Place of the Megachurch Within the Bankruptcy Code," see 27 Emory Bankr. Dev. J. 609 (2011). For comment, "In Combination: Using Hybrid Rights to Expand Religious Liberty," see 64 Emory L.J. 1175 (2015)
Right to adopt, profess, entertain, or advocate any religious views, or to fail or refuse to do so, is unlimited, and cannot be controlled by any law. There is no authority under the system of jurisprudence to alter, modify, or infringe upon this right. Jones v. City of Moultrie, 196 Ga. 526, 27 S.E.2d 39 (1943).
- While there is no power to control what a person may believe about religion or the type of religion a person may adopt or profess, yet there is a power under the law to limit a person's acts, even though to do such acts may be part of a 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).
- 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).
Party's religious belief cannot be accepted as justification for committing an overt act made criminal by law of the land. Coleman v. City of Griffin, 55 Ga. App. 123, 189 S.E. 427 (1936), appeal dismissed, 302 U.S. 636, 58 S. Ct. 23, 82 L. Ed. 495 (1937).
- Ordinance prohibiting the distributing of literature within the city limits without prior written permission from the city manager did not deprive the defendant, a Jehovah's Witness, of the defendant's constitutional right of the free exercise and enjoyment of religious profession and worship, even though it prohibited the defendant from introducing and carrying out a scheme or purpose which the defendant saw fit to claim as a part of the defendant's religious system. Coleman v. City of Griffin, 55 Ga. App. 123, 189 S.E. 427 (1936), appeal dismissed, 302 U.S. 636, 58 S. Ct. 23, 82 L. Ed. 495 (1937).
- 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 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).
- Courts of Georgia are prohibited from determining issues of expulsion of members, pastors, and the internal procedures of a religious entity. United Baptist Church, Inc. v. Holmes, 232 Ga. App. 253, 500 S.E.2d 653 (1998).
- A trial court did not violate the principle of separation of church and state by exercising jurisdiction in a civil case brought by a church and its board of deacons against the pastor and others to have the pastor removed and to have the pastor relinquish control of the church's property because the trial court did not involve itself in ecclesiastical matters when it ordered that persons eligible to vote on whether to retain or discharge the pastor were limited to those in membership with the church under the church's existing bylaws. Further, because the petition in the case involved a dispute over the control of church property, it presented a civil matter over which the trial court had jurisdiction. Smith v. Mount Salem Missionary Baptist Church, 289 Ga. App. 578, 657 S.E.2d 642 (2008).
- Court's seal used to authenticate legal documents did not violate the establishment clause when it depicted the ten commandments with a sword on a relatively small and discreet seal and the text of the ten commandments did not appear. King v. Richmond County, 331 F.3d 1271 (11th Cir. 2003).
Cited in Sheppard v. City of Edison, 166 Ga. 111, 142 S.E. 535 (1928); Phillips v. Rozar, 172 Ga. 862, 159 S.E. 245 (1931); Leoles v. Landers, 184 Ga. 580, 192 S.E. 218 (1937); Derricott v. Aldredge, 192 Ga. 749, 16 S.E.2d 561 (1941); Ferguson v. City of Moultrie, 71 Ga. App. 15, 29 S.E.2d 786 (1944); Stark v. Waters, 214 Ga. 597, 106 S.E.2d 401 (1958); State Hwy. Dep't v. McClain, 216 Ga. 1, 114 S.E.2d 125 (1960); Shouse v. State, 231 Ga. 716, 203 S.E.2d 537 (1974); Haralson County Economic Dev. Corp. v. Hammock, 233 Ga. 381, 211 S.E.2d 278 (1974); State v. Bonini, 236 Ga. 896, 225 S.E.2d 907 (1976); Baranan v. State Bd. of Nursing Home Adm'rs, 143 Ga. App. 605, 239 S.E.2d 533 (1977); 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); Ray v. Department of Human Resources, 155 Ga. App. 81, 270 S.E.2d 303 (1980); City of Atlanta v. Mahony, 162 Ga. App. 5, 289 S.E.2d 250 (1982); Stoker v. Wood, 161 Ga. App. 110, 289 S.E.2d 265 (1982).
- The "respect for the creator" portion of the character education program authorized by O.C.G.A. § 20-2-145 and the provision of O.C.G.A. § 50-3-4.1 allowing display of the motto "In God We Trust" in public do not violate the separation of church and state provisions of either the state or federal Constitution. 2000 Op. Att'y Gen. No. 00-9.
- 16A Am. Jur. 2d, Constitutional Law, § 432 et seq.
- Right of association to expel or discipline member for exercising a right, or performing duty, as a citizen, 14 A.L.R. 1446.
Power of legislature or school authorities to prescribe and enforce oath of allegiance, "salute to flag," or other ritual of a patriotic character, 120 A.L.R. 655; 127 A.L.R. 1502; 141 A.L.R. 1030; 147 A.L.R. 698.
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.
Use of streets or parks for religious purposes, 133 A.L.R. 1402.
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.
Sectarianism in schools, 141 A.L.R. 1144.
Race or religious belief as permissible consideration in choosing tenants or purchasers of real estate, 14 A.L.R.2d 153.
Wearing of religious garb by public schoolteachers, 60 A.L.R.2d 300.
Defamatory nature of statements reflecting on plaintiff's religious beliefs, standing, or activities, 87 A.L.R.2d 453.
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.
Validity of vagrancy statutes and ordinances, 25 A.L.R.3d 792.
Validity of loitering statutes and ordinances, 25 A.L.R.3d 836.
Erection, maintenance, or display of religious structures or symbols on public property as violation of religious freedom, 36 A.L.R.3d 1256.
Validity of blasphemy statutes or ordinances, 41 A.L.R.3d 519.
Censorship of convicted prisoners' "nonlegal" mail, 47 A.L.R.3d 1192.
Religion as factor in adoption proceedings, 48 A.L.R.3d 383.
Topless or bottomless dancing or similar conduct as offense, 49 A.L.R.3d 1084.
Determination of property rights between local church and parent church body: modern view, 52 A.L.R.3d 324.
Power of court to impose standard of personal appearance or attire, 73 A.L.R.3d 353.
Criminal offenses under statutes and ordinances regulating charitable solicitations, 76 A.L.R.3d 924.
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.
Regulation of astrology, clairvoyancy, fortunetelling, and the like, 91 A.L.R.3d 766.
Religious belief, affiliation, or prejudice of prospective jurors as proper subject of inquiry or grounds for challenge on voir dire, 95 A.L.R.3d 172.
Validity, under federal and state establishment of religion provisions, of prohibition of sale of intoxicating liquors on specific religious holidays, 27 A.L.R.4th 1155.
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.
Validity of local or state denial of public school courses or activities to private or parochial school students, 43 A.L.R.4th 776.
Judicial power to order discontinuance of life-sustaining treatment, 48 A.L.R.4th 67.
Relief available for violation of right to counsel at sentencing in state criminal trial, 65 A.L.R.4th 183.
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.
Judicial construction and application of state legislation prohibiting religious discrimination in employment, 37 A.L.R.5th 349.
Free exercise of religion as applied to individual's objection to obtaining or disclosing social security number, 93 A.L.R.5th 1.
First amendment challenges to display of religious symbols on public property, 107 A.L.R.5th 1.
Landlord's refusal to rent to unmarried couple as protected by landlord's religious beliefs, 10 A.L.R.6th 513.
Wearing of religious symbols in courtroom as protected by first amendment, 18 A.L.R.6th 775.
State constitutional challenges to the display of religious symbols on public property, 26 A.L.R.6th 145.
Constitutionality of legislative prayer practices, 30 A.L.R.6th 459.
Application of First Amendment's "ministerial exception" or "ecclesiastical exception" to state civil rights claims, 53 A.L.R.6th 569.
When does use of pepper spray, mace, or other similar chemical irritants constitute violation of constitutional rights, 65 A.L.R.6th 93.
Constitutionality of teaching or suppressing teaching of Biblical creationism or Darwinian evolution theory in public schools, 102 A.L.R. Fed. 537.
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.
Prohibition of federal agency's keeping of records on methods of individual exercise of First Amendment rights, under Privacy Act of 1974 (5 U.S.C.S. § 552a(e)(7)), 20 A.L.R. Fed. 2d 437.
Ineffective assistance of counsel in removal proceedings - Particular acts, 59 A.L.R. Fed. 2d 151.
Comment note: ineffective assistance of counsel in removal proceedings - particular acts, 59 A.L.R. Fed. 2d 151.
Validity, application, and construction of religion-based challenges to health insurance contraceptive coverage mandated by Patient Protection and Affordable Care Act preventive services requirement, 42 U.S.C.A § 300gg-13(a)(4), and its regulations, 82 A.L.R. Fed. 2d 585.
Prisoner beard regulations as religious discrimination under First Amendment or Religious Land Use and Institutionalized Persons Act, 93 A.L.R. Fed. 2d 439.
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.