Legal Definitions - Comity Clause

The Comity Clause, also known as the Privileges and Immunities Clause of Article IV, is a vital provision within the U.S. Constitution. Its primary purpose is to ensure that citizens from one state, when traveling through or temporarily residing in another state, are afforded the same fundamental rights and protections as the citizens of that host state. This prevents states from unfairly discriminating against out-of-state citizens regarding essential privileges and immunities, such as access to courts, protection by law enforcement, and the ability to own property or pursue a common livelihood.

Here are some examples illustrating the application of the Comity Clause:

• Access to Courts: Imagine a resident of Colorado is involved in a car accident while visiting Arizona. The Comity Clause ensures that the Colorado resident has the same right to file a lawsuit in Arizona's state courts to seek damages as an Arizona resident would. Arizona cannot deny them access to its judicial system simply because they are from another state.

• Property Ownership and Business: Consider a family from Michigan that wishes to purchase a vacation home in South Carolina. The Comity Clause prevents South Carolina from enacting laws that would prohibit the Michigan family from buying property there solely because they are not residents of South Carolina. It guarantees them the same right to acquire property as South Carolina citizens.

• Public Services and Protection: Suppose a tourist from New York is robbed while visiting Florida. The Comity Clause dictates that Florida's law enforcement agencies must investigate the crime and provide protection to the New York tourist on the same basis as they would a Florida resident. The state cannot offer a lesser degree of police protection or public safety services simply because the individual is from out of state.