DES MOINES, Iowa The Iowa Supreme Court said the state's same-sex marriage ban violates the constitutional rights of gay and lesbian couples, making it the third state where gay marriage is legal.

In a unanimous ruling issued today, the court upheld a 2007 Polk County District Court judge's ruling that the law was unconstitutional.

The case stems from a 2005 lawsuit filed by Lambda Legal, a New York-based gay rights organization. The group filed a lawsuit on behalf of six gay and lesbian Iowa couples who were denied marriage licenses.

The suit named then-Polk County recorder and registrar Timothy Brien.

The Polk County attorney's office claimed Hanson's ruling violated the separation of powers and the issue should be left to the Legislature.