I understand the 'spirit', but not everyone interprets that 'spirit' the same way, and some companies still have the guts to not ignore people simply because of what's on their resume - photos included.
If I see someone lists attendance at an historically black college, or has a traditionally feminine name, I can already deduce their race or gender without a photo, and I can do whatever discriminating I want to do using that information.
Company policies that throw out applicants because they've attached included any sort of photo at least as damaging (because of the loss to the company of potential talent) than lawsuits over Title VII violations, but it's much harder to quantify that.
It's going to get harder and harder to even guard against this stuff as email clients merge social media information in while reviewing applicants. Oh, unless you just buy and use crappy web-based application software that requires 14 screens that only works in IE6 - then you'll be 100% safe from any chance of getting interested and qualified applicants (and lawsuits too).