CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE I. BILL OF RIGHTS

Paragraph VII. Citizens, protection of.

All citizens of the United States, resident in this state, are hereby declared citizens of this state; and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges, and immunities due to such citizenship.

1976 Constitution.

- Art. I, Sec. II, Para. IX.

Cross references.

- United States citizen residents of Georgia being citizens of this state, U.S. Const., amend. 14.

Rights of Georgia citizens generally, § 1-2-6.

Rights of persons not citizens of Georgia generally, § 1-2-9 et seq.

JUDICIAL DECISIONS

Equality of the civil rights of citizens is a principle of republicanism. Every republican government is in duty bound to protect all its citizens in the employment of this principle, if within its power. Missouri State Life Ins. Co. v. Lovelace, 1 Ga. App. 446, 58 S.E. 93 (1907).

Safeguarding the right of the people to exercise their civil rights and to be free from violence and intimidation is not only a compelling interest, it is the General Assembly's affirmative constitutional duty. State v. Miller, 260 Ga. 669, 398 S.E.2d 547 (1990).

Access to courts.

- The 1987 amendment to O.C.G.A. § 9-3-73, which altered tolling provisions otherwise applicable to tort claims by injured minors in cases in which tort claims arose from health care professionals' malpractice, did not violate a brain-damaged child's right to equal protection or right of access to the courts. Smith v. Cobb County-Kennestone Hosp. Auth., 262 Ga. 566, 423 S.E.2d 235 (1992).

Punishment for violent or repeat offenders constitutional.

- O.C.G.A. § 17-10-6.1, which dictates the punishment for serious violent offenders, in conjunction with O.C.G.A. § 17-10-7, the sentencing statute applicable to recidivist armed robbers, does not violate either the federal or the state constitutions. Byrd v. State, 236 Ga. App. 485, 512 S.E.2d 372 (1999).

Failure to conduct Faretta hearing.

- Trial court deprived the defendant of the defendant's constitutional right to self-representation by summarily ruling that the defendant could not represent oneself at trial without conducting a Faretta hearing and apprising the defendant of the dangers and disadvantages of self-representation. Smith v. State, 332 Ga. App. 849, 775 S.E.2d 211 (2015).

Cited in Smith v. DuBose, 78 Ga. 413, 3 S.E. 309, 6 Am. St. R. 260 (1887); Melton v. State, 180 Ga. 104, 178 S.E. 447 (1935); National Fin. Co. v. Citizens Loan & Sav. Co., 184 Ga. 619, 192 S.E. 717 (1937); Rossman v. City of Moultrie, 189 Ga. 681, 7 S.E.2d 270 (1940); Williams v. State, 199 Ga. 504, 34 S.E.2d 854 (1945); Williams v. State, 206 Ga. 837, 59 S.E.2d 384 (1950); Cox v. Peters, 208 Ga. 498, 67 S.E.2d 579 (1951); Chronister v. City of Atlanta, 99 Ga. App. 447, 108 S.E.2d 731 (1959); Mack v. Connor, 220 Ga. 450, 139 S.E.2d 286 (1964); Williams v. Shaffer, 222 Ga. 334, 149 S.E.2d 668 (1966); Sams v. Olah, 225 Ga. 497, 169 S.E.2d 790 (1969); J. Bain, Inc. v. Poulos, 121 Ga. App. 647, 175 S.E.2d 86 (1970); Houser v. State, 234 Ga. 209, 214 S.E.2d 893 (1975); Gibson v. State, 236 Ga. 874, 226 S.E.2d 63 (1976); King v. State, 244 Ga. 536, 261 S.E.2d 333 (1979); Great N. Nekoosa Corp. v. Board of Tax Assessors, 244 Ga. 624, 261 S.E.2d 346 (1979); Stoker v. Wood, 161 Ga. App. 110, 289 S.E.2d 265 (1982); In the Interest of J.H., 244 Ga. App. 788, 536 S.E.2d 805 (2000).

OPINIONS OF THE ATTORNEY GENERAL

Legal resident is synonymous with domiciliary, a domiciliary being one whose permanent home is in a particular place, known as the domicile. 1958-59 Op. Att'y Gen. p. 91.

Requirements for state citizenship.

- A person must be a citizen, either natural born or naturalized, of the United States and must reside within this state in order to be a citizen of the State of Georgia. 1984 Op. Att'y Gen. No. 84-55.

Resident need not retain legal residence in Georgia.

- It is not necessary to retain a legal residence in Georgia in order to be a resident of the state. 1958-59 Op. Att'y Gen. p. 91.

Legal resident is not actual resident.

- The fact that one is a legal resident of Georgia does not, of itself, render one an actual resident of the state. One can only be an actual resident by living in the state. 1958-59 Op. Att'y Gen. p. 91.

Effect of temporary change of residence.

- Loss of citizenship does not result from a change of residence not intended to be permanent. 1958-59 Op. Att'y Gen. p. 92.

County citizenship.

- Since a county is only a subdivision of the state and is not a sovereign, citizenship of a county means only domicile or residence within the county. 1984 Op. Att'y Gen. No. 84-55.

RESEARCH REFERENCES

Am. Jur. 2d.

- 16A Am. Jur. 2d, Constitutional Law, §§ 332 et seq., 408.

ALR.

- Constitutionality of discrimination as regards degree of penalty or punishment for violation of Sunday law, 8 A.L.R. 566.

Constitutionality of provisions of Workmen's Compensation Acts which are limited to residents of the state, 12 A.L.R. 1207; 147 A.L.R. 925.

Constitutionality of "civil rights" legislation by state, 49 A.L.R. 505.

Diversity of citizenship, for purposes of federal jurisdiction, in stockholders' derivative action, 68 A.L.R.2d 824.

What businesses or establishments fall within state civil rights statute provisions prohibiting discrimination, 87 A.L.R.2d 120.

Power of municipal corporation to enact civil rights ordinance, 93 A.L.R.2d 1028.

Civil rights: racial or religious discrimination in furnishing of public utilities services or facilities, 53 A.L.R.3d 1027.

Construction and application of state equal rights amendments forbidding determination of rights based on sex, 90 A.L.R.3d 158.

Prohibition, under state civil rights laws, of racial discrimination in rental of privately owned residential property, 96 A.L.R.3d 497.

Sex discrimination in treatment of jail or prison inmates, 12 A.L.R.4th 1219.