The answer to the question that resolves all this is "Is Elaine Photography a public accomodation or not?" If it is, then she discriminated. If it isn't, then she didn't. In the search for this particular answer, the internet makes things tricky. You'll see why I say this in a moment.
In the Net Age, many businesses are rolling up their sidewalks and shutting down their facilities and replacing them with a Web Store. This saves them a ton of overhead that they don't really need to move their products. People just shop on line and stuff gets sent right to their homes. Is such a web store a public accomodation? I think it certainly is. And that's Elaine's problem here. She has a web store where examples of her product are displayed and where she solicits her services as a photographer.
Oddly enough, I think Elaine screwed the pooch by trying to be polite. You'll see below in the emails involved. The customer uses the phrase "if you are open to..." Elaine should have just said "I'm actually NOT open to that." Instead she said "As a company" blah blah blah. Defined, (as it relates to this), "company" means a business enterprise. As a self admitted business enterprise, whether an actual business location is required for that business or not, Elaine put herself in the public accomodation hot seat. She has a website, she sells a product, so the judge seems to have seen it as needing to fall under laws dealing with public accommodation.
So if you agree that Elaine Photography is a public accommodation (and you might not) then all you have to establish now is whether or not Elaine denied services based on religious reasons (which is prohibited under most anti-discrimination acts both local and federal.) Well, that part at least is pretty clear. She definitely did.
This is why separation of church and state is important. If you enter into a business in the United States, you understand that your personal convictions do not hold sway over the law. Otherwise, our country becomes Orwellian. We believe that all people are created equal, but some are more equal than others. If you want a Theocracy, and some do, then try to vote one in. In the meantime, it's not a theocracy. It's a country built on the principle that individual rights are paramount.
Here are the emails if anyone is curious.
Vanessa (the complaintent):
We are researching potential photographers for our commitment ceremony on September 15, 2007 in Taos, NM.
This is a same-gender ceremony. If you are open to helping us celebrate our day we’d like to receive pricing information.
Thanks
Elaine responded:
Hello Vanessa,
As a company, we photograph traditional weddings, engagements, seniors,
and several other things such as political photographs and singer’s
portfolios.
-Elaine-
Vanessa responded:
Hi Elaine,
Thanks for your response below of September 21, 2006. I’m a bit
confused, however, by the wording of your response. Are you saying that
your company does not offer your photography services to same-sex
couples?
Thanks,
Vanessa
And finally from Elaine:
Hello Vanessa,
Sorry if our last response was a confusing one. Yes, you are correct in
saying we do not photograph same-sex weddings, but again, thanks for
checking out our site!
Have a great day.
-Elaine