@Ionus,
Unfortunately the only word coming to mind is "toss up", though I know that doesn't accurately describe it... There's value in both your argument and plainoldme's.
Due to moral persuasions and the concept of familial values, I'd think that the matter of children and their safety/well-being is typically considered first in today's courts. However, some of the outrage regarding the way DOMA has been applied is definitely related to property rights - what with the way inheritance taxes are handled differently among hetero and same-sex couples. I have yet to find the report I managed to dig up a few weeks ago... still digging.
Is there any special manner in which courts handle child custody in same-sex divorces (in states where such unions have been legalized)? I'm a bit curious, as I'm unfamiliar with it - would it depend at all if the child (or children) was biologically related to one parent (IVF for lesbian couple/surrogate mother for gay couple) and not the other, or if the child was adopted?