Maryland's highest court on Wednesday tossed out a challenge to a voter referendum on the Dream Act, meaning voters will determine whether the law that allows illegal imigrants to pay in-state college tuition stands in November.

Immigration advocates tried to dismiss the petition drive against the reduced tuition rates for illegal immigrants, saying the law was a spending bill and therefore not subject to voter referendum. But the Maryland Court of Appeals affirmed the earlier decision from Anne Arundel Circuit Court, allowing the issue to be placed on the ballot.

"This is a great victory for all Maryland voters," said Del. Neil Parrott, R-Washington County.  “Volunteers across the state worked extremely hard last year for this referendum effort. Democrats, Republicans and independents realize that using tax money to pay college tuition costs for illegal aliens doesn’t make sense."

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In addition to the Dream Act, Maryland voters also will weigh in on the state's same-sex marriage law, setting the stage for a marquee showdown on social issues in a presidential election year.