i think that the best way to attack something like this is to exploit it in ways that will force the court to react. we just need to find a company with a bit of a social conscience.

for example, you could set up a mock case where a company claims to refuse to allow an employee to display a cross at work due to it being a religious symbol that is at odds with the company's secularism. the court would have to strike that down, which would reestablish the proper precedent.