EXHIBIT 5.1 OPINION OF COUNSEL October 12, 2004 Service Corporation International 1929 Allen Parkway Houston, Texas 77019 Re: Registration Statement on Form S-8 in Connection with SCI 401(k) Retirement Savings Plan ("Plan") Gentlemen: As General Counsel of Service Corporation International, a Texas corporation, ("SCI"), I am familiar with the Registration Statement, dated October 12, 2004, being filed by SCI with the Securities and Exchange Commission, relating to 10,000,000 shares of SCI common stock, par value $1.00 per share, together with related preferred stock purchase rights, to be registered for the Plan. It is my opinion that the SCI common stock to be registered, together with the related preferred stock purchase rights, when sold or issued hereafter in accordance with the provisions of the Plan, in accordance with Texas law and upon payment or provision of the consideration for such shares by or on behalf of participants as contemplated by the Plan, will be validly issued, fully paid and nonassessable. I hereby consent to the use of this opinion as Exhibit 5.1 of the above-mentioned Registration Statement. Very truly yours, /s/ James M. Shelger James M. Shelger General Counsel