Commonwealth v. Bonadio

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from an Order of the Court of Common Pleas of Allegheny County granting appellees’ Motion to Quash an Information on the ground that the Voluntary Deviate Sexual Intercourse Statute1 is unconsti*94tutional.2 Appellees were arrested at an “adult” porno*95graphic theater on charges of voluntary deviate sexual intercourse and/or conspiracy to perform the same.

The Commonwealth’s position is that the statute in question is a valid exercise of the police power pursuant the authority of states to regulate public health, safety, welfare, and morals.…