ANNAPOLIS, Md. (CBSDC/AP) — Maryland’s highest court says voters can decide whether to approve a law that allows in-state tuition for some illegal immigrants, affirming a lower court’s ruling.

The Court of Appeals issued a brief order on Wednesday affirming the judgment of Anne Arundel County Circuit Court.

Supporters of the law contended during oral arguments on Tuesday that the Dream Act passed by state lawmakers last year is a spending bill, which cannot be subject to a referendum.

Opponents of the law who succeeded in getting enough signatures to put the measure on the ballot argued that the law has nothing to do with spending.

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