Constitución del Estado de Georgia

Artículo I. BILL OF RIGHTS · Artículo I. BILL OF RIGHTS · Sección I. RIGHTS OF PERSONS

Art. I, Sec. I, Para. III. Freedom of conscience.

Vigente

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Una disposición constitucional que se muestra como vigente está vigente tal como está impresa en el volumen. Una decisión judicial puede hacer inaplicable una disposición impresa sin cambiar el volumen, y el volumen no registra eso.

El texto siguiente es la ley tal como la imprime el estado, en inglés.

Each person has the natural and inalienable right to worship God, each according to the dictates of that person’s own conscience; and no human authority should, in any case, control or interfere with such right of conscience.

Las notas siguientes se imprimen con la sección, pero no son ley promulgada (O.C.G.A. § 1-1-1(c)). Se muestran aparte del texto.

Cross references

Freedom of speech and religion, U.S. Const., amend. 1. Declaration of Sunday as a religious holiday, § 1-4-2. Common day of rest, § 10-1-570 et seq. Interference by courts with management of church, § 14-5-45. 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. Right of employee of county board of health, county department of family and children services, and other governmental agencies to refuse to accept duty of offering family-planning services on religious grounds, § 49-7-6.

Law reviews

For article, ‘‘Freedoms of the First Amendment in Georgia,’’ see 15 Ga. B.J. 405 (1953). For article, ‘‘Religious Liberty Law and the States,’’ see 3 Ga. St. U.L. Rev. 19 (1987). For note discussing compulsory medical attention in light of constitutional protection of freedom of religion, see 22 Ga. B.J. 558 (1960). For note, ‘‘Christmas Carols in School Assemblies May Be Constitutional,’’ see 31 Mercer L. Rev. 627 (1980). 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).

Otras notas (13 entradas, tal como están impresas)

1976 Constitution.: Art. I, Sec. I, Para. II.
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. 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); 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). sive of societal order not concern of
When professed creed not subvergovernment.: 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). 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 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 ALR 1361; 130 ALR 1504. Constitutional guaranty of freedom of religion as applied to license taxes or regulations, 141 ALR 538; 146 ALR 109; 152 ALR 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 ALR 1030; 147 ALR 698. Sectarianism in schools, 141 ALR 1144. Right of school authorities to release pupils during school hours for purpose of attending religious education classes, 2 ALR2d 1371. Religious beliefs of parents as defense to prosecution for failure to comply with compulsory education law, 3 ALR2d 1401. Suspension or expulsion from church or religious society and the remedies therefor, 20 ALR2d 421. Bible distribution or reading in public schools, 45 ALR2d 742. Wearing of religious garb by public schoolteachers, 60 ALR2d 300. Zoning regulations as affecting churches, 74 ALR2d 377; 62 ALR3d 197. Prayers in public schools, 86 ALR2d 1304. Power of courts or other public agencies, in the absence of statutory authority, to order compulsory medical care for adult, 9 ALR3d 1391. Provision of religious facilities for prisoners, 12 ALR3d 1276. Validity and effect of gift for charitable purposes which excludes otherwise qualified beneficiaries because of their race or religion, 25 ALR3d 736. Free exercise of religion as defense to prosecution for narcotic or psychedelic drug offense, 35 ALR3d 939. Erection, maintenance, or display of religious structures or symbols on public property as violation of religious freedom, 36 ALR3d 1256. Constitutionality, under state constitutional provision forbidding financial aid to religious sects, of public provision of schoolbus service for private school pupils, 41 ALR3d 344. Validity of blasphemy statutes or ordinances, 41 ALR3d 519. Censorship of convicted prisoners’ ‘‘nonlegal’’ mail, 47 ALR3d 1192. Determination of property rights between local church and parent church body: modern view, 52 ALR3d 324. What constitutes ‘‘church,’’ ‘‘religious use,’’ or the like within zoning ordinance, 62 ALR3d 197. Right of clergyman appearing in court as professional attorney to be in clerical garb, 84 ALR3d 1143. Wills: condition that devisee or legatee shall renounce, embrace, or adhere to specified religious faith, 89 ALR3d 984. Validity, under establishment of religion clause of federal or state constitution, of provision making day of religious observance a legal holiday, 90 ALR3d 752. Religion as factor in child custody and visitation cases, 22 ALR4th 971. Validity, under state constitutions, of private shopping center’s prohibition or regulation of political, social, or religious expression or activity, 38 ALR4th 1219. Judicial power to order discontinuance of life-sustaining treatment, 48 ALR4th 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 ALR5th 248. Constitutionality of teaching or otherwise promoting secular humanism in public schools, 103 ALR Fed. 538. Constitutionality of regulation or policy governing prayer, meditation, or ‘‘moment of silence’’ in public schools, 110 ALR Fed. 211. Bible distribution or use in public schools--modern cases, 111 ALR Fed. 121. Validity, construction, and application of Religious Freedom Restoration Act (42 USCS § 2000bb et seq.), 135 ALR 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 ALR Fed. 493.

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Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Texto leído de 2ga-const-(v2)-2016-pdf.pdf, Volumen V2, edición 2016, páginas 119 a 122; acción de fusión: annotated; SHA-256 del archivo 1b27199d8655.