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

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.

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.

ALR.

Right of association to expel or discipline member for exercising a right, or performing duty, as a citizen, 14 ALR 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 ALR 655; 127 ALR 1502; 141 ALR 1030; 147 ALR 698. Validity of statutory or municipal regulation of soliciting of alms or contributions for charitable, religious, or individual purposes, 128 ALR 1361; 130 ALR 1504. Use of streets or parks for religious purposes, 133 ALR 1402. Constitutional guaranty of freedom of religion as applied to license taxes or regulations, 141 ALR 538; 146 ALR 109; 152 ALR 322. Sectarianism in schools, 141 ALR 1144. Race or religious belief as permissible consideration in choosing tenants or purchasers of real estate, 14 ALR2d 153. Wearing of religious garb by public schoolteachers, 60 ALR2d 300. Defamatory nature of statements reflecting on plaintiff’s religious beliefs, standing, or activities, 87 ALR2d 453. Validity and effect of gift for charitable purposes which excludes otherwise qualified beneficiaries because of their race or religion, 25 ALR3d 736. Validity of vagrancy statutes and ordinances, 25 ALR3d 792. Validity of loitering statutes and ordinances, 25 ALR3d 836. Erection, maintenance, or display of religious structures or symbols on public property as violation of religious freedom, 36 ALR3d 1256. Validity of blasphemy statutes or ordinances, 41 ALR3d 519. Censorship of convicted prisoners’ ‘‘nonlegal’’ mail, 47 ALR3d 1192. Religion as factor in adoption proceedings, 48 ALR3d 383. Topless or bottomless dancing or similar conduct as offense, 49 ALR3d 1084. Determination of property rights between local church and parent church body: modern view, 52 ALR3d 324. Power of court to impose standard of personal appearance or attire, 73 ALR3d 353. Criminal offenses under statutes and ordinances regulating charitable solicitations, 76 ALR3d 924. 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. Regulation of astrology, clairvoyancy, fortunetelling, and the like, 91 ALR3d 766. Religious belief, affiliation, or prejudice of prospective jurors as proper subject of inquiry or grounds for challenge on voir dire, 95 ALR3d 172. Validity, under federal and state establishment of religion provisions, of prohibition of sale of intoxicating liquors on specific religious holidays, 27 ALR4th 1155. Validity, under state constitutions, of private shopping center’s prohibition or regulation of political, social, or religious expression or activity, 38 ALR4th 1219. Validity of local or state denial of public school courses or activities to private or parochial school students, 43 ALR4th 776. Judicial power to order discontinuance of life-sustaining treatment, 48 ALR4th 67. Relief available for violation of right to counsel at sentencing in state criminal trial, 65 ALR4th 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 ALR5th 248. Judicial construction and application of state legislation prohibiting religious discrimination in employment, 37 ALR5th 349. Free exercise of religion as applied to individual’s objection to obtaining or disclosing social security number, 93 ALR5th 1. First amendment challenges to display of religious symbols on public property, 107 ALR5th 1. Landlord’s refusal to rent to unmarried couple as protected by landlord’s religious beliefs, 10 ALR6th 513. Wearing of religious symbols in courtroom as protected by first amendment, 18 ALR6th 775. State constitutional challenges to the display of religious symbols on public property, 26 ALR6th 145. Constitutionality of legislative prayer practices, 30 ALR6th 459. Application of First Amendment’s ‘‘ministerial exception’’ or ‘‘ecclesiastical exception’’ to state civil rights claims, 53 ALR6th 569. When does use of pepper spray, mace, or other similar chemical irritants constitute violation of constitutional rights, 65 ALR6th 93. Constitutionality of teaching or suppressing teaching of Biblical creationism or Darwinian evolution theory in public schools, 102 ALR Fed. 537. 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. 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 ALR Fed. 2d 437. Ineffective assistance of counsel in removal proceedings — Particular acts, 59 ALR Fed. 2d 151.