---
title: Ga. Const. Art. I, Sec. I, Para. IV. Religious opinions; freedom of religion.
collection: code
id: ga-const:art-i-sec-i-para-iv
cite_as: Ga. Const. Art. I, Sec. I, Para. IV
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date: 2016
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---

# Ga. Const. Art. I, Sec. I, Para. IV. Religious opinions; freedom of religion.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

No 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.

## Cross References

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 and 20-2-1051. 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.

## Law Reviews

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? Con-trasting 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)

## 1976 Constitution.

Art. I, Sec. I, Para. III.

## Allowed.

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).

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. Every-one’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 ting 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 distribution of literature without permission

## Accepted as Justification for Commitvalid.

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). tain sidewalks during certain hours

## Ordinance Forbidding Sales on Cerreasonable 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 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).

## Civil Courts Forbidden From Determining Ecclesiastical Issues.

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).

Trial court did not involve itself in ecclesiastical matters in church

## Property Dispute Case.

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).

Depiction of ten commandments on

## Seal Not Violation.

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).

## Statutory Provisions Deemed Constitutional.

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.

## Am. Jur. 2d.

16A Am. Jur. 2d, Constitutional Law, § 432 et seq.


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