SALT LAKE CITY (AP) -- The state has agreed that its law banning marriage with an AIDS-infected partner should be overturned. Attorney Brian Barnard sued last month on behalf of two married couples and their children, who would be considered illegitimate if their parents' unions were voided. The women had contracted the virus before their marriages. Barnard said the 1987 law was unconstitutional and violated the Americans With Disabilities Act. On Monday, the state asked a federal judge to declare the law invalid. State officials earlier had agreed that the law, which has not been enforced, probably was unconstitutional, but asked the women to postpone their lawsuit until the Legislature could repeal the statute during its next session in January. The women refused, fearing a insurance company would take advantage of the statute and refuse to pay health benefits in the event of their deaths.