By: Joy Pizorno
Hulu’s newest reality TV show, The Secret Lives of Mormon Wives (SLOMW), exhibits the lives and drama around a group of Utah mom friends who became famous through their aptly named “MomTok” content and “soft-swinging” scandal on TikTok.[1] The show quickly became a smash hit, breaking streaming records and gaining a huge social media following.[2] Despite its immense popularity, the show has also garnered an exorbitant amount of backlash due to its questionable representation of the “Mormon” Church, properly The Church of Jesus Christ of Latter-Day Saints (LDS). In the wake of the program’s release and the ensuing controversy, it begs the question: Does the LDS Church have a defamation claim on its hands, or does Hulu walk away scot-free under First Amendment protections?
Defamation is the publication of false statements that injure one’s reputation, expose one to public contempt or ridicule, or adversely affect one’s business or profession.[3] In order to take legal recourse, the Church must show (1) a false statement purporting to be fact, (2) publication of that statement to a third-party, (3) injury to the plaintiff, and (4) fault on the part of the defendant.[4]
The show’s title references a long-used nickname for the Church, “Mormon,” that the organization has attempted to step away from in recent years.[5] The eight women highlighted in the program all claim to be “Mormon” in some way, while simultaneously portraying lifestyles that may not be in harmony with the Church’s teachings.[6] The moms are portrayed as drinking alcohol, swearing, having premarital sex, and participating in extra-marital relationships – all activities explicitly outlawed according to official Church sources.[7]
Shortly after the release of SLOMW’s first trailer, The Church of Jesus Christ of Latter-Day Saints published a statement expressing its disdain for media productions that “resort to stereotypes or gross misrepresentations that are in poor taste and have real-life consequences for people of faith,” including “a number of recent productions [that] depict lifestyles and practices blatantly inconsistent with the teachings of the Church.”[8] Many practicing LDS members echoed the general Church’s stance across the internet, and more directly referenced SLOMW, saying that the program was “hurtful, unfair, unkind and mischaracterizes religion.”[9] There were concerns that the SLOMW women claiming connection to the organization presented a false and harmful misrepresentation of normal Latter-Day Saint women across the globe.[10]
However, even if the Church could demonstrate that Hulu was at fault for publishing the media that proved to have actual damages, it would face an even greater hurdle: that the determination of fact would involve the Court interpreting church doctrine.
Courts have repeatedly refused to adjudicate cases that require them to interpret religious doctrine or resolve doctrinal conflict.[11] The Church of Jesus Christ of Latter-Day Saints has long supported religious freedom efforts to protect religious organizations legally.[12] A defamation case here would require the Court to determine if the facts the show portrays are actually false, i.e. the Court must decide if the “Mormon” women are “Mormon” enough to claim the label. Thus, ironically, respect for the very principle the Church seeks to defend would prevent it from taking action against the provocative program. As a result, instead of a piping-hot legal battle, the Church will just have to settle for an ice-cold dirty soda.
[1] Olivia B. Waxman, How The Secret Lives of Mormon Wives Opens Up the World of #MomTok Influencers After a Swinging Scandal, TIME (Sep. 6, 2024, 10:57 AM), https://time.com/7018258/the-secret-lives-of-mormon-wives-hulu-explained/.
[2] Loree Seitz, ‘The Secret Lives of Mormon Wives’ Is Hulu’s Most-Watched Unscripted Premiere of 2024, Streamer Says | Exclusive, The Wrap (Sep. 11, 2024, 11:00 AM), https://www.thewrap.com/the-secret-lives-of-mormon-wives-hulu-streaming-viewership-popularity/.
[3] Montgomery v. Ohio State Univ., 2012-Ohio-5489.
[4] Defamation, Cornell L. Sch. Legal Info. Inst., https://www.law.cornell.edu/wex/defamation (last visited Oct. 10, 2024).
[5] Style Guide, Church of Jesus Christ of Latter-Day Saints, https://newsroom.churchofjesuschrist.org/style-guide (last visited Oct. 10, 2024).
[6] Jessica Grose, Can ‘The Secret Lives of Mormon Wives’ Change a Conservative Religious Culture?, The New York Times (Sep. 7, 2024), https://www.nytimes.com/2024/09/07/opinion/mormon-wives-reality-tv-show.html#:~:text=.
[7] Word of Wisdom, Church of Jesus Christ of Latter-day Saints, https://www.churchofjesuschrist.org/study/manual/gospel-topics/word-of-wisdom?lang=eng (last visited Oct. 10, 2024).; Are there times when swear words are ok?, New Era (2006), https://www.churchofjesuschrist.org/study/new-era/2006/05/to-the-point/are-there-times-when-swear-words-are-okay?lang=eng.; Chastity, Church of Jesus Christ of Latter-Day Saints, https://www.churchofjesuschrist.org/study/manual/gospel-topics/chastity?lang=eng (last visited Oct. 10, 2024).
[8] Commentary: When Entertainment Media Distorts Faith, Church of Jesus Christ of Latter-Day Saints (Aug. 16, 2024), https://newsroom.churchofjesuschrist.org/article/commentary-when-entertainment-media-distorts-faith.
[9] Sarah Jane Weaver, Opinion: ‘Secret Lives of Mormon Wives’ Is Unfair to Latter-day Saints, Deseret News (Sept. 16, 2024, 5:25 PM), https://www.deseret.com/faith/2024/09/16/opinion-secret-lives-of-mormon-wives-unfair-to-latter-day-saints.
[10] Id.
[11]Kavanagh v. Zwilling, 997 F. Supp. 2d 241 (S.D.N.Y.), aff’d, 578 F. App’x 24 (2d Cir. 2014); Pfeil v. St. Matthews Evangelical Lutheran Church of Unaltered Augsburg Confession of Worthington, 877 N.W.2d 528 (Minn. 2016).
[12] President Oaks on the Church’s Position Regarding the Respect for Marriage Act, Church of Jesus Christ of Latter-day Saints (Feb. 11, 2024), https://newsroom.churchofjesuschrist.org/article/president-oaks-church-position-respect-for-marriage-act.
