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For the Nazis, the principle of the inequality of the races—and its legislative enactment in the form of the Nuremberg Race Laws and the decrees based upon them—applied to all areas of civil and criminal law. At the same time, they left it to the courts to provide practical guidelines for their implementation. It thus became the province of the Supreme Court to render final judgment on the interpretation of the law, since, as the highest appellate court in Germany, its decisions superseded those made by the lower courts.
Indeed, the court eased the difficulties inherent in implementing anti-Jewish policies across a broad spectrum of cases from divorce to criminal race defilement. The court's acceptance and application of the race laws served an important propaganda purpose as well by explicitly conferring legitimacy on racial discrimination and persecution.
In November , Erwin Bumke, president of the Supreme Court, indicated at a meeting of justice officials called to discuss the Nuremberg Race Laws that the court could accept the broadest interpretation of those laws put forth by Ministry of Justice State Secretary Dr.
Roland Freisler. The court justified its ruling on the grounds that there would otherwise be almost insurmountable barriers to prosecution since sexual intercourse as such tended to take place among consenting adults and in private. As a result, the court found that any act that satisfied a sexual urge violated the law; that the crime was established even if the sexual act occurred outside Germany; that intent was irrelevant in determining penalties; that a verbal proposition for sex violated the law; and, finally, that the crime did not require bodily contact.